12-573. Limited liability for treatment related
to delivery of infants; exception; definition
A. Unless the elements of proof contained in section 12-563 are established by
clear and convincing evidence, a physician licensed to practice pursuant to title 32,
chapter 13 or 17 is not liable to the pregnant female patient, the child or children
delivered or their families for medical malpractice related to labor or delivery rendered
on an emergency basis if the patient was not previously treated for the pregnancy by the
physician, by a physician in a group practice with the physician or by a physician,
physician assistant or certified nurse midwife with whom the physician has an agreement
to attend the labor and delivery of the patient.
B. Unless the elements of proof contained in section 12-563 are established by
clear and convincing evidence regarding the acts or omissions of a licensed health care
facility or its employees in cases that are covered by subsection A of this section, the
health care facility is not liable to the female patient, the child or children delivered
or their families for medical malpractice related to labor or delivery.
C. This section does not apply to treatment that is rendered in connection with
labor and delivery if the patient has been seen regularly by or under the direction of a
licensed health care provider or a licensed physician from whom the patient's medical
information is immediately available to the physicians attending the patient during labor
and delivery.
D. For the purposes of this section, "emergency" means when labor has begun or a
condition exists requiring the delivery of the child or children.
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