Texas PJC Malpractice 2022

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

PJC 51.6

Separate questions (such as PJC 51.6 and 51.4) are submitted because the responsi bility of a derivative claimant ( Fred Father ) will not bar or diminish the recovery of the primary claimant ( Mary Minor ). On the other hand, the responsibility of Mary Minor will bar or diminish the recovery of both Mary Minor and Fred Father . For this reason, the percentage of responsibility of both Mary Minor and Fred Father must be considered in determining whether the recovery of Fred Father is barred or dimin ished. Use of “injury” or “occurrence.” See PJC 51.1. The term used in PJC 51.6 should match that used in PJC 51.3. Liability question must also include name of derivative claimant. In cases involving a derivative claimant, the basic liability question must also include the name of the derivative claimant along with that of the primary claimant. Blanks for question numbers. The question number to be inserted in the blank space in the conditioning instruction should coincide with that of the underlying liabil ity question. Settling person, contribution defendant, or responsible third party. See PJC 51.2.

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