Texas PJC Malpractice 2022

Subject Index

Bystander injury, 80.12

Community property definition of, 81.3, 81.4 instruction on, in wrongful death actions, 81.3 personal injury damages as, 80.3 Companionship and society, loss of, 81.3–81.6 Comparative negligence, 51.4, 61.7, 66.11. See also Contributory negligence; Negligence; Proportionate responsibility Comparative responsibility. See Proportionate responsibility Conscious pain and suffering, decedent’s, 82.3 Consent informed (common law), definition of, 51.9 informed (statutory) claim for breach of duty of, 51.10 disclosure not in statutory form, 51.12 duty of disclosure for procedures not listed by Texas Medical Disclosure Panel, 51.10 evidence of emergency or other reason for nondisclosure in issue, 51.13 failure to disclose risks and hazards of medical treatment, 51.11–51.13 person authorized to consent for patient in issue, 51.15 validity of disclosure instrument, 51.14

C

Capital murder as ground for joint and several liability, 72.3 as ground for removing exemplary damages limitation, 85.6 “Captain of ship” doctrine, 52.1 Care. See Degree of care Charge of the court, 40.3. See also Unanimous answer, exemplary damages definitions and instructions, placement of, Introduction (4)(e) error, preservation of, 86.1, 86.2 Child. See also Adult child, parent’s claim for death of; Minor child continuous sexual abuse of as ground for joint and several liability, 72.15 as ground for removing exemplary damages limitation, 85.20 degree of care for, 65.3 injury to as ground for joint and several liability, 72.8A as ground for removing exemplary damages limitation, 85.11A loss of consortium by, 80.10, 80.11 services of, examples of, 80.6 of “tender years” doctrine, 66.10 trespassing, liability for harm to, 66.10 Circumstantial evidence, 40.8 Clear and convincing evidence, definition of, 85.1 Commercial (fiduciary) bribery as ground for joint and several liability, 72.10 as ground for removing exemplary damages limitation, 85.13

Consortium

definition of, 80.4 loss of, recovery for, 80.4 parental, 80.10, 80.11

Continuous sexual abuse of young child as ground for joint and several liability, 72.15 as ground for removing exemplary damages limitation, 85.20 Contributing, in definition of producing cause, 70.1

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