Texas PJC Malpractice 2022

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

PJC 51.15

Particular treatment or procedure. An appropriate term for the medical treat ment or surgical procedure in question should be substituted for the words an intesti nal bypass. Person legally authorized to consent for patient. If there is an issue whether consent was obtained from a person legally authorized to give consent for the patient, that person’s name should be substituted for (or stated disjunctively with) the patient’s name in the first line of the question. The trial court must be satisfied that, as a matter of law, the person giving consent has authority to do so. Gravis , 427 S.W.2d 310 (hus band had no authority to consent for wife without prior authorization).

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