Texas PJC Malpractice 2022

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

PJC 51.18

PJC 51.18

Emergency Care and Emergency Medical Care

PJC 51.18A Emergency Care (Good Samaritan) QUESTION 1 Was emergency care administered by those named below ? Emergency care does not include care administered—

1. for or in expectation of payment (provided that being legally enti tled to receive payment for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of payment), or 2. by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to per form a service for payment, or 3. by a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. Answer “Yes” or “No” for each of the following: 1. Dr. Davis _______________ 2. Dr. Dixon _______________ If you answered “Yes” to Question 1, then answer the following question only for those you answered “Yes.” Otherwise, do not answer the following question. QUESTION 2 Did the willful and wanton negligence, if any, involving “emergency care” administered by those named below proximately cause the [ injury ] [ occur rence ] in question? “Willful and wanton negligence” means an act or omission— 1. which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and 2. of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

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