Texas PJC Malpractice 2022

CHANGES IN THE 2022 EDITION

The 2022 edition of Texas Pattern Jury Charges—Malpractice, Premises & Products includes the following changes from the 2020 edition: 1. Pre-2003 law—removed references to law dating before 2003 throughout the volume 2. Proximate cause instructions—Commentary for all proximate cause instructions revised to reflect recent case law (50.1, 60.1, 65.4, 70.2) 3. Inferential rebuttal instructions—Commentary for all inferential rebuttal instructions revised to reflect recent case law (50.4, 50.5, 60.2, 60.3, 65.5– 65.9, 70.3, 70.4) 4. Medical malpractice— a. Added comment about medical malpractice actions against governmental entities (50.2) b. New Comment PJC about 2021 legislation for liability of physicians, health care providers, and first responders during pandemic (51.21) 5. Nonmedical professional malpractice— a. Added comments to reflect recent legislation about architects’ and engi neers’ standards of care (60.1) b. Added comments to reflect recent case law about attorney immunity and duties to third-party nonclients (61.3, 61.4, 61.11) 6. Premises liability—Revised comments about distinction between premises defect and negligent activity to include negligence actions against nonsubscribing employers (65.1) 7. Products liability— a. Clarified comments about plaintiff’s burden to prove manufacturing defects and design defects (71.3, 71.4) b. Revised definition of “design defect” to reflect recent case law (71.4, 71.7) c. Revised charge for misrepresentation to clarify that plaintiff’s reliance on the representation must be justifiable (71.6)

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