Texas PJC Malpractice 2022

PJC 51.10

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

expressly retains the same duty otherwise imposed by law. Tex. Civ. Prac. & Rem. Code § 74.106(b). Locality rule in informed consent cases. The Medical Liability Act has replaced the common-law locality rule with a “reasonable person” rule. Tex. Civ. Prac. & Rem. Code §74.101; Barclay , 704 S.W.2d at 9 (Act changed locality rule “concerning phy sician’s duty of disclosure”); Peterson , 652 S.W.2d at 930–31. For a discussion of the locality rule, see PJC 50.1. Implied informed consent. Informed consent is implied as a matter of law if a patient is unconscious or otherwise unable to give express consent and immediate sur gery or other medical care or procedure is necessary to preserve the patient’s life or health. If there is a dispute concerning implied informed consent, a question should be submitted. See PJC 51.12. See Gravis v. Physicians & Surgeons Hospital , 427 S.W.2d 310, 312 (Tex. 1968).

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