Texas PJC Malpractice 2022

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

PJC 51.16

App.—Tyler 1972, writ ref’d n.r.e.). Both these cases, however, dealt with goods rather than services. If the sale of services is not governed by the Business and Com merce Code, “producing cause” may have to be substituted for “proximate cause” in the second question. No Texas cases on this point have been found. But see Southwest ern Bell Telephone Co. v. FDP Corp. , 811 S.W.2d 572 (Tex. 1991).

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