Statute in Full:
AMENDED 2011:
SECTION 4.1.(a) If Senate Bill 33 of the 2011 Regular Session of the General Assembly becomes law, then G.S. 90–21.12(b), as enacted by Section 6 of Senate Bill 33, reads as rewritten:
(b) In any medical malpractice action arising out of the furnishing or the failure to furnish professional services in the treatment of an emergency medical condition, as the term “emergency medical condition” is defined in 42 U.S.C. 1395dd(e)(1), 42 U.S.C. § 1395dd(e)(1)(A), the claimant must prove a violation of the standards of practice set forth in subsection (a) of this section by clear and convincing evidence.
Former Text:
In any action for damages for personal injury or death arising out of the furnishing or the failure to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.
CREDIT(S)
Added by Laws 1975 (2nd Sess.), c. 977, § 4.
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