Bill increasing requirements for malpractice suits gets nod

March 5, 2009

A bill that would increase the burden of evidence required in medical malpractice claims in medical emergencies narrowly passed its initial Senate floor vote Tuesday.

SB79 would require medical malpractice litigants to establish “clear and convincing” evidence in malpractice suits involving emergency care. Currently, litigants must only provide a preponderance of evidence.

The bill is part of a broad effort to address the role of litigation to soaring medical costs.

Sen. John Valentine, R-Orem, expressed concern that the higher standard of evidence is the same used in fraud cases and wouldn’t translate well to malpractice suits.

Read Article: Salt Lake Tribune

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