Texas PJC Malpractice 2022

PJC 51.10

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

PJC 51.10

Informed Consent (Statutory)—Procedure Not on List A or B—No Emergency or Other Medically Feasible Reason for Nondisclosure—Disclosure in Issue

QUESTION ______ Did Dr. Davis fail to disclose to Paul Payne such risks and hazards inherent in the treatment by radiation therapy that could have influenced a reasonable person in making a decision to give or withhold consent to such treatment? Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ Would a reasonable person have refused such treatment if those risks and hazards had been disclosed? Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ Was Paul Payne injured by the occurrence of the risk or hazard of which he was not informed? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 51.10 may be used to submit a claim of breach of the duty of informed consent in a case in which the procedure is not on list A or B, there is no emergency or other medically feasible reason for nondisclosure, and there is a dispute over whether adequate disclosure (oral or written) was made. See Tex. Civ. Prac. &

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