The appellants question whether the heightened standard of proof in cases involving emergency medical care in certain facilities as set forth in Texas Civil Practice and Remedies Code §74.153 violates the Equal Protection Clauses of the Texas and U.S. Constitutions. A classification of health care liability claimants based on whether they receive emergency medical care in a hospital emergency room or whether they receive emergency medical care in a non-covered setting does not fail rational-basis review because in practice it results in some inequity. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-00758-CV, 06-03-2013.
Gardner v. Children's Medical Center of Dallas
Tex. App. Dist. 5
June 11, 2013