Texas PJC Malpractice 2022

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

PJC 51.9

vices does not fall within the definition of “health care provider” in the Medical Liability Act. See Tex. Civ. Prac. & Rem. Code § 74.001(a)(12). For a discussion of “health care provider,” see PJC 50.3. Caveat. PJC 51.9 as written should apply only in rare instances. See PJC 51.10– 51.14 for submission of informed consent under the Medical Liability Act (Tex. Civ. Prac. & Rem. Code ch. 74). Particular treatment and provider. Terms describing the medical treatment in question and the particular provider should be substituted for the italicized words in the charge. Person authorized to consent for patient. If appropriate, the phrase a person authorized to consent for Paul Payne may be substituted for Paul Payne . Accompanying definitions and instructions. PJC 51.9 is designed to be accom panied by the appropriate definitions of “ordinary care” and “proximate cause” in PJC 50.1–50.3. If the evidence raises “new and independent cause,” the definitions in PJC 50.4, rather than the definition of “proximate cause” in PJC 50.1–50.3, should be sub mitted. As part of proximate cause, the patient must establish that he was injured by the occurrence of the risk of which he was not informed. Greene v. Thiet , 846 S.W.2d 26, 31 (Tex. App.—San Antonio 1992, writ denied).

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