Texas PJC Malpractice 2022

PREFACE TO THE 2022 EDITION The Committee for Texas Pattern Jury Charges — Malpractice, Premises & Products is pleased to submit this 2022 edition to the bench and bar of Texas. The practitioner will notice a number of significant additions and enhancements to the 2020 edition. The Committee has updated commentary on proximate cause instructions and inferen tial rebuttal instructions, medical malpractice actions against governmental entities, attorney liability to third parties, negligence actions against nonsubscribing employ ers, physical impairment damages, and many other topics. The charge for misrepresen tation in products liability has also been updated. New materials include PJCs for the subsequent aggravation of an existing injury and for injury to bystanders, as well as a PJC comment explaining recent legislation that lim its the liability of health care providers during pandemics. The Committee has also com pletely revised the charges and comments for exceeding the usual limits on exemplary damages. The 2022 edition includes many other revisions that will enhance practi tioners’ trial practices. The members of this Committee have given unselfishly of their time, displayed a continuing spirit of nonpartisanship, and provided practical solutions to often difficult problems. Our guiding principle is to “get it right.” If we have fallen short of that goal in any way, we ask the bench and bar to let us know. The Committee takes these com ments seriously; indeed, several revisions to this and previous editions were prompted by thoughtful questions or suggestions from practitioners and judges. The Committee and its members especially want to thank Jim Norman and the staff of the Texas Bar Books Department of the State Bar of Texas for their invaluable guidance, tireless assistance, superb intellect, and unfailing good humor. Their steady hand keeps us on task and on time. And we dedicate this volume to the founders and protectors of the American judicial system. Without them, we would not have juries to charge. —Laura M. Trenaman, Chair

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