PJC Malpractice 2024

S URVIVAL D AMAGES

PJC 82.3

Medical care—specific terms. The phrase medical and hospital care in element 2 may be replaced with a list of specific items (e.g., physicians’ fees , hospital bills , medicines , nursing services ) raised by the evidence. Separate answer for each element. Economic damages must be determined “separately from the amount of other compensatory damages.” Tex. Civ. Prac. & Rem. Code § 41.008(a). Additionally, broad-form submission of multiple elements of dam ages may lead to harmful error if there is a proper objection raising insufficiency of the evidence to support one or more of the elements submitted. Smith , 96 S.W.3d 230. If there is any question about the sufficiency of the evidence to support one or more of the elements, the Committee recommends that the elements of damages be separately submitted to the jury as above. Broad-form submission of elements. When separate answers are not required, the following broad-form submission may be appropriate. QUESTION ______ What sum of money would have fairly and reasonably compen sated Paul Payne for— 1. Pain and mental anguish. “Pain and mental anguish” means the conscious physical pain and emotional pain, torment, and suffering experienced by Paul Payne before his death as a result of the occurrence in question. 2. Medical expenses. “Medical expenses” means the reasonable expense of the nec essary medical and hospital care received by Paul Payne for treat ment of injuries sustained by him as a result of the occurrence in question. 3. Funeral and burial expenses. “Funeral and burial expenses” means the reasonable amount of expenses for funeral and burial for Paul Payne reasonably suit able to his station in life. Do not reduce the amount, if any, in your answer because of the negligence, if any, of Paul Payne . Any recovery will be determined by the court when it applies the law to your answers at the time of judgment.

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