Texas PJC Malpractice 2022

S UBJECT I NDEX

Contribution defendant. See also Multiple defendants; Third party definition of, 51.2, 61.2, 66.2, 71.2 inclusion of in basic liability question, 51.2, 61.2, 66.2, 71.2 proportionate responsibility of defendant and, 51.5, 61.8, 66.12, 71.14 separate comparative question necessary, 51.2, 61.2, 66.2, 71.2 Contributory negligence. See also Comparative negligence; Negligence; Proportionate responsibility instruction not to reduce damage amounts for plaintiff’s, parent’s, or decedent’s negligence personal injury, 80.3–80.5, 80.11 property, 83.3, 83.4 survival, 82.3 wrongful death, 81.3–81.6 of plaintiff by failing to mitigate effects of injury, 80.8, 80.11 in medical malpractice case, 51.1, 51.3 in nonmedical professional malpractice, 61.1, 61.5 in premises liability case, 66.1 in products liability case, 71.1 Control, right to, in premises liability case, 66.3, 66.14 Corporation imputing gross negligence to, 85.2 vice-principal of, 85.2 Cosmetic disfigurement. See Disfigurement Cost of repairs to property, 83.4 Court’s charge. See Charge of the court Credentialing. See Malicious credentialing claim Criminal conduct as ground for joint and several liability, ch. 72 as ground for removing exemplary damages limitation, 85.5–85.21

D Damages, economic, ch. 84 conditioning instruction for questions on liability, 84.1 for negligent misrepresentation, 84.6 for nonmedical professional malpractice, 84.3 sample instructions for accounting malpractice, 84.5 sample instructions for legal malpractice, 84.4 Damages, exemplary. See Exemplary damages Damages, parallel theories on, 40.12 Damages, pecuniary loss, 81.3–81.6 Damages, personal injury, ch. 80 broad-form, 80.3 bystander, 80.12 cautionary instruction on limit in health care suit, 80.9 conditioning instruction for questions on liability, 80.1 economic definition of, 80.3–80.5 separating from noneconomic, 80.3– 80.5 elements disfigurement, 80.3, 80.5 loss of consortium, 80.4, 80.10, 80.11 loss of earning capacity, 80.3, 80.5 loss of household services, 80.4 loss of services of minor child, 80.6 medical care, 80.3 physical impairment, 80.3, 80.5 physical pain and mental anguish, 80.3, 80.5, 82.3 separate answers for, 80.3–80.5, 82.3 exclusionary instruction ( see Exclusionary instruction) exemplary, 85.1–85.4 failure to mitigate, exclusionary instruction for, 51.1, 61.1, 66.1, 71.1, 80.8

556