Texas PJC Malpractice 2022

S UBJECT I NDEX

Architects and engineers — continued duties of, 60.1 economic damages, 84.3 liability to third parties, 60.1 professional relationship disputed, 61.3 qualification and skills of, implied, 60.1 Attorney. See also Legal malpractice; Nonmedical professional malpractice abandonment of client by, 61.3 areas of specialization of, 60.1 attorney-client relationship disputed, 61.11 breach of fiduciary duty by, 61.12 discovery rule, 61.13 economic damages, 84.3, 84.4 evidence of bad result, 60.1, 61.5 fee forfeiture, 84.7 liability to non-client, 61.11 professional negligence claim against, 61.5 qualification and skills of, implied, 60.1, 61.5 Attorney’s fees as element of economic damages, 84.3, 84.4 exemplary damages, 85.3 forfeiture of, 84.7 Attractive nuisance, 66.10 Authority, citation of, in comments, Introduction (5) Autism spectrum disorder, 72.8C, 85.11C B Bad result, evidence of in medical malpractice, 50.7 Basis of the bargain, express warranty as, 71.12 Battery, tort of (physician), 51.15 Bifurcation, 40.4, 85.3, 85.5–85.21 Board of Architectural Examiners, 60.1

Board of Professional Engineers, 60.1 Borrowed employee, 52.1–52.3 Breach of contract as basis of liability for architect, 60.1 by physician, 50.6 Breach of fiduciary duty of nonmedical professional, 61.6 attorney, 61.12 distinguished from professional negligence, 61.6 improper fracturing, 61.6 Breach of warranty express, 71.12 in medical malpractice, 51.16 under Texas Business and Commerce Code, 51.16 implied warranty of fitness for particular purpose, 71.11 implied warranty of merchantability, 71.9, 71.10 proximate cause, 70.2 Bribery, commercial (fiduciary) as ground for joint and several liability, 72.10 as ground for removing exemplary damages limitation, 85.13 Broad-form negligence question in medical malpractice case, 51.3 in nonmedical professional malpractice, 61.5 in premises case if plaintiff is invitee or licensee, 66.4, 66.5 supreme court’s preference for, Introduction (4)(a), 86.2 when not feasible, 51.3, 61.5, 86.2 Broad-form submission of damages elements, 80.3 Burden of proof placement of, by instruction, Introduction (4)(f), 40.3 Burial expenses, 82.3 Business of selling, definition of, 70.5

554