Texas PJC Malpractice 2022

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

PJC 51.20

An “emergency medical condition” means a medical 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— 1. placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; or 2. serious impairment to bodily functions; or 3. serious dysfunction of any bodily organ or part. An “emergency medical condition” with respect to a pregnant woman who is having contractions means— 1. that there is inadequate time to effect a safe transfer to another hospital before delivery; or 2. that transfer may pose a threat to the health or safety of the woman or the unborn child. Dixon Hospital “determined there was an emergency medical condition” if it had actual knowledge that an emergency medical condition existed or actually detected an emergency medical condition. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 2, then answer Question 3. Otherwise, do not answer Question 3. QUESTION 3A (Transfer) Did Paul Payne suffer personal harm as a direct result of an inappropriate transfer, if any, by Dixon Hospital to another medical facility before Paul Payne ’s emergency medical condition was stabilized? An “emergency medical condition was stabilized” if no material deteriora tion of the condition was likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility, or, with respect to a woman in inactive labor, the woman had delivered (including the placenta). A hospital may not transfer a patient with an emergency medical condition that has not been stabilized unless—

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