Texas PJC Malpractice 2022

PJC 51.6

M EDICAL M ALPRACTICE —T HEORIES OF D IRECT L IABILITY

PJC 51.6

Proportionate Responsibility—Medical—Derivative Claimant

If you answered “Yes” to Question[ s ] ______ [ applicable liability ques tion(s) ] for more than one of those named below, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or con tributed to cause the [ injury ] [ occurrence ]. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The per centage of responsibility attributable to any one is not necessarily measured by the number of acts or omissions found. The percentage attributable to any one need not be the same percentage attributed to that one in answering another question. QUESTION ______ For each person you found caused or contributed to cause the [ injury ] [ occurrence ], find the percentage of responsibility attributable to each: 1. Don Davis % 2. Mary Minor % 3. Fred Father % 4. Sam Settlor % 5. Responsible Ray % Total 100 % When to use. Rule 277 requires a percentage question “[i]n any cause in which the jury is required to apportion the loss among the parties.” Tex. R. Civ. P. 277. PJC 51.6 is designed to apportion loss in cases in which there is a derivative claimant—that is, a claimant suing for damages caused by injuries to another. In the example above, Fred Father is the derivative claimant and Mary Minor is the injured child. For PJC 51.6 to apply, the child must not be suing the parent. A separate comparative submis sion is required for the derivative claim. Tex. Civ. Prac. & Rem. Code §§33.003, 33.011(1). PJC 51.6 applies to the derivative claim. For submission of the underlying claim against the defendant, see PJC 51.4. COMMENT

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