This article examines Chapter 74, Subchapter D of the Texas Civil Practice and Remedies Code, which provides heightened liability standards for health care liability claims arising from emergency medical care. The authors analyze the statutory requirement that claimants prove willful and wanton negligence, rather than ordinary negligence, in qualifying emergency care cases. The article surveys key Texas appellate and Supreme Court decisions interpreting what constitutes “emergency medical care” and when the elevated standard applies. It also discusses evidentiary and procedural challenges faced by plaintiffs and defendants litigating under Subchapter D. The authors conclude by evaluating the statute’s impact on emergency medicine providers and its role in shaping medical malpractice litigation in Texas
Cooper et al. (Tue,) studied this question.