5304-S.E AMH  HAYW 1

ESSB 5304 - H AMD TO H COMM AMD 000335 LOST 4-8-93

By Representative Dyer

     On page 120, after line 10, insert the following:

     "Sec. 422.  RCW 7.70.030 and 1975-'76 2nd ex.s c 56 s 8 are each amended to read as follows:

  No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:

     (1) That injury resulted from the failure of a health care provider to follow the accepted standard of care provided, however, that a health care provider, as a matter of law, follows the accepted standard of care if he or she follows a course of treatment accepted by recognized and competent health care professionals experienced in the treatment at issue, even if other recognized and competent health care professionals do not accept the course of treatment followed by the health care provider;

     (2) That a health care provider promised the patient or his representative that the injury suffered would not occur;

     (3) That injury resulted from health care to which the patient or his representative did not consent.

     Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence." 

Renumber the remaining sections and correct internal references accordingly.

EFFECT:  The amendment adds back language which was in the bill as it came to the house and is commonly called the two schools of thought amendment.