5304-S2 AMS MOYE S2364.1

2SSB 5304 - S AMD  000202

By Senator Moyer

                                                 WITHDRAWN 3.12.93

    On page 92, after line 34, insert the following:

    "Sec. 317.  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 consecutively and correct internal references accordingly.

2SSB 5304 - S AMD

By Senator Moyer

    On page 1, line 10 of the title, after "70.41.200," insert "7.70.030,"

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