Texas PJC Malpractice 2022

S UBJECT I NDEX

Definitions. See also specific headings for definitions of terms and instructions, Introduction (4)(d) placement in charge, Introduction (4)(e) Degree of care for child, 65.3 for health care personnel, 50.3 for hospital, 50.2 more than one standard of, 65.4, 65.5 for nonmedical professional, 60.1 for owner or occupier of premises, 65.2 for physician, 50.1 Derivative claimant, comparative negligence of in medical malpractice, 51.6 in nonmedical professional malpractice, 61.9 in premises liability, 66.13 in products liability case, 71.15 Design defect, 71.4, 71.9 Deviation as element of manufacturing defect, 71.3 Disabled individual, continuous sexual abuse of, 72.15 Disabled individual, injury to as ground for joint and several liability, 72.8C as ground for removing exemplary damages limitation, 85.11C Disagreement of jury about testimony, 40.7 Disciplinary Rules of Professional Conduct, 61.11 Disclosure of risks and hazards of medical procedure disputed, 51.10 duty of physician, 51.10 failure of physician, 51.9–51.12 lists of treatment and procedures requiring disclosure, 51.10–51.14 medically feasible reason for nondisclosure, 51.13

not in statutory form, 51.12 validity of instrument in issue, 51.14 Discovery of injury for health care liability claim, 50.8 Discovery rule, actions against attorneys, 61.13 Disfigurement cosmetic, 80.3 personal injury damages for, 80.3, 80.5 Disjunctive submission of borrowed employee, 52.3 of invitee-licensee, 66.7 Disposition of property, acting contrary to law governing, 85.14 Doctor’s fees. See Expenses, medical Double recovery, 80.3, 82.3 avoiding, in seeking attorney’s fees, 85.3 Duty doctor’s, not to abandon patient, 51.7 fiduciary, 61.6, 61.12 hospital’s, in formulating policies and procedures, 50.2 of informed consent, 51.10–51.13 nondelegable or absolute, 85.2 in premises liability, 66.3, 66.4, 66.8 to warn and instruct for proper use of product, 71.5 Earnings of minor child, 80.5, 81.5 Easement holder defendant, status of plaintiff as to, 66.4–66.6 Eggshell plaintiff, 80.7C Elderly individual, injury to as ground for joint and several liability, 72.8B as ground for removing exemplary damages limitation, 85.11B E

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