SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 600184
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       07/11/2003 11:07 AM         .                    
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11  Senator Cowin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 118, lines 2-9, delete those lines
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16  and insert:  the greater weight of evidence that:
17         (a)  The alleged actions of the health care provider
18  represented a breach of the prevailing professional standard
19  of care for that health care provider. The prevailing
20  professional standard of care for a given health care provider
21  shall be that level of care, skill, and treatment which, in
22  light of all relevant surrounding circumstances, is recognized
23  as acceptable and appropriate by reasonably prudent similar
24  health care providers; and.
25         (b)  The damage resulted from one or more of the
26  following adverse incidents:
27         1.  The death of a patient;
28         2.  Brain or spinal damage to a patient;
29         3.  The performance of a medical, surgical, or
30  diagnostic procedure on the wrong patient;
31         4.  The performance of a wrong-site surgical procedure;
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    9:10 PM   07/10/03                             s0002Cc1c-20b1e


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 600184
 1         5.  The performance of a wrong medical, surgical, or
 2  diagnostic procedure;
 3         6.  The performance of a medical, surgical, or
 4  diagnostic procedure that is medically unnecessary or
 5  otherwise unrelated to the patient's diagnosis or medical
 6  condition;
 7         7.  Damage resulting to a patient from a planned
 8  surgical procedure, where the damage requires surgical repair
 9  and the damage is not a recognized specific risk of the
10  original surgical procedure, as disclosed to the patient and
11  documented through the informed-consent process; or
12         8.  The performance of procedures to remove unplanned
13  foreign objects remaining from a surgical procedure.
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16  ================ T I T L E   A M E N D M E N T ===============
17  And the title is amended as follows:
18         On page 13, line 4, after the second semicolon,
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20  insert:
21         providing addition elements that the claimant
22         must prove in a medical negligence action;
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    9:10 PM   07/10/03                             s0002Cc1c-20b1e