Texas PJC Malpractice 2022

PJC 51.21

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

PJC 51.21

Liability of Physicians, Health Care Providers, and First Responders During Pandemic (Comment)

If a defendant properly raises the issue of liability limitations for physicians, health care providers, or first responders based on care or treatment, or lack of care or treat ment, related to or impacted by a pandemic disease or disaster declaration related to a pandemic disease, then submission of potential questions and instructions will need to be addressed. See Tex. Civ. Prac. & Rem. Code §74.155 for use in drafting jury instructions and questions. The new section applies only to claims filed on or after March 13, 2020, for which a final judgment has not yet been issued. Acts 2021, 87th Leg., R.S., ch. 528, § 5 (S.B. 6), eff. June 14, 2021.

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