Bill increasing requirements for malpractice suits gets nod
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

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.

The bill's sponsor, Sen. Mark Madsen, R-Lehi, said that the current standard leaves too much room for error.

"[Courts] should be slightly more certain than flipping a coin that a mistake has been made," he said.

The Senate must vote on the measure once more before it moves to the House.

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