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State bill to raise burden of proof in ER medical malpractice lawsuits fails

A State House narrowly rejected a medical malpractice bill that would have made it more difficult to successfully sue E.R. medical providers for alleged malpractice. The bill was the only major piece of medical malpractice legislation considered during the current session. The House voted 28-28 on the bill, with 31 “yes” votes needed for approval by the 60-member chamber. The bill would have raised the burden of proof for lawsuits over emergency care. The existing lower standard requires a “preponderance of the evidence” and the new standard would require the higher stand of “clear and convincing evidence.”

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