Texas PJC Malpractice 2022

SUBJECT INDEX [Decimal references are to PJC numbers.]

A

after verdict, 40.5 voir dire, before, 40.1 Adult child, parent’s claim for death of, 81.6. See also Child; Minor child Affirmative defense, “Good Samaritan” as, 51.18A Agency relationship between physician and hospital, 50.2, 52.4 Aggravated assault as ground for joint and several liability, 72.5 as ground for removing exemplary damages limitation, 85.8 Aggravated kidnapping as ground for joint and several liability, 72.4 as ground for removing exemplary damages limitation, 85.7 Aggravated sexual assault as ground for joint and several liability, 72.7 as ground for removing exemplary damages limitation, 85.10 Aggravation of preexisting condition or injury, 80.7 Anticipation of consequences. See Foreseeability, “not reasonably foreseeable” Appropriate medical screening examination, definition of, EMTALA, 51.20 Appropriate transfer, definition of, EMTALA, 51.20 Architects and engineers. See also Nonmedical professional malpractice basis and scope of liability of, 60.1

Abandonment concept of, applied to attorney-client relationship, 61.11 of patient by physician, 51.7 Accident, unavoidable, 65.7 Accountant. See also Nonmedical professional malpractice economic damages, 84.3, 84.5 professional relationship with client in dispute, 61.3 standard of care for, 60.1 Act of God, 65.8 Adequate warnings or instructions, definition of, 71.5, 71.7 Admonitory instructions to jury, ch. 40. See also Instructions to jury bifurcated trial, 40.4 burden of proof, Introduction (4)(f), 40.3 charge of court, 40.3 circumstantial evidence, 40.8 deadlocked jury, 40.9 discharge of jury, 40.5 discussing trial, 40.1–40.3, 40.5, 40.6 jurors’ note-taking, 40.2, 40.3 jurors’ use of electronic technology, 40.1– 40.3 if jury disagrees about testimony, 40.7 if jury permitted to separate, 40.6

jury selection, after, 40.2 oral instructions, 40.1, 40.5 parallel theories on damages, 40.12 preponderance of evidence, Introduction (4)(f), 40.3 privilege Fifth Amendment, 40.11 generally no inference, 40.10 spoliation, 40.13

553