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HB 4922

Relating to the standard of proof in certain health care liability claims arising out of the provision of emergency medical care.

89th Legislature (2025) Introduced by Sergio Muñoz

HB 4922 would alter the legal burden of proof required in medical malpractice claims arising from emergency medical care, potentially affecting patient litigation rights and provider liability exposure.

Left pending in committee
#civilremedies&liabilities(i0065) #healthcareproviders(i0387) #medicalcarefacilities(s0455)
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Bill Summary · HB 4922

Legislative bill overview

HB 4922 would modify the legal standard of proof required in medical malpractice lawsuits specifically involving emergency medical care in Texas. Rather than the current standard, the bill would establish a different burden of proof threshold for plaintiffs suing healthcare providers in emergency situations. The bill is currently pending in the Judiciary & Civil Jurisprudence Committee after a public hearing in late April.

Why is this important

Medical liability standards directly affect both patient access to justice and healthcare provider liability exposure. Changes to proof standards can significantly influence the viability of malpractice claims, potentially making it harder or easier for injured patients to recover damages and affecting insurance costs and physician practice patterns. This is particularly consequential for emergency medicine, where rapid decision-making under uncertainty is inherent to the specialty.

Potential points of contention

  • Plaintiff burden vs. provider protection: Raising the standard of proof could protect emergency physicians from frivolous suits but might also shield negligent providers, limiting injured patients' remedies
  • Emergency care nuances: Defining what constitutes "emergency medical care" and whether different standards should apply to different types of emergencies or decision points
  • Insurance and access implications: Changes could affect malpractice insurance premiums, physician recruitment to emergency medicine, and hospital staffing decisions in underserved areas

Compiled from official sources — confirm details with the bill’s official record.

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