Texas PJC Malpractice 2022

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

PJC 51.18

PJC 51.18B Emergency Medical Care

QUESTION 1 Did any of those named below provide “emergency medical care” in the [ emergency department ] [ obstetrical unit ] [ surgical suite immediately follow ing the evaluation or treatment in the hospital emergency department ]? “Emergency medical care” means bona fide emergency services provided after the sudden onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient’s health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. “Emergency medical care” does not include medical care or treatment— 1. provided after the patient is— a. stabilized, and b. capable of receiving medical care or treatment as a non emergency patient; or 2. that is unrelated to a medical emergency; or 3. by a physician or health care provider whose negligent act or omis sion proximately causes a stable patient to require emergency medical care. Answer “Yes” or “No” for each of the following: 1. Dr. Davis _______________ 2. Dawson Hospital _______________ 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 medi cal care” provided by those named below proximately cause the [ injury ] [ occurrence ] in question? “Willful and wanton negligence” means an act or omission—

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