Texas PJC Malpractice 2022

PJC 51.18

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

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. In answering this question, you shall consider, together with all relevant factors—

a. whether the person providing care did or did not have the patient’s medical history or was able or unable to obtain a full medical history, including the knowledge of preexist ing medical conditions, allergies, and medications; and b. the presence or lack of a preexisting physician-patient relationship or health care provider–patient relationship; and c. the circumstances constituting the emergency; and d. the circumstances surrounding the delivery of the emer gency medical care.

Answer “Yes” or “No” for each of the following: 1. Dr. Davis _______________ 2. Dawson Hospital _______________ QUESTION 3 Did the negligence, if any, of those named below proximately cause the [ injury ] [ occurrence ] in question? Negligence when used in this question does not include “emergency medical care” you found in answer to Question 1. Answer “Yes” or “No” for each of the following: 1. Dr. Davis _______________ 2. Dawson Hospital _______________

COMMENT When to use. PJC 51.18B should be used for cases involving emergency medical care. See Tex. Civ. Prac. & Rem. Code §§74.153–.154. “Emergency medical care” is

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