Texas PJC Malpractice 2022

Subject Index

Electronic technology, jurors’ use of, 40.1–40.3 Emergency as inferential rebuttal, submitted by instruction, Introduction (4)(c), 65.9 in issue in medical malpractice, 51.18 medical service personnel protected by statute from health care liability claim, 51.18B in premises liability, instruction on, 65.9 as reason for nondisclosure of risks and hazards in medical procedure, 51.13 willful or wanton negligence during, 51.18 Emergency care and emergency medical care, 51.18 Emergency medical condition, definition of, 51.20 Emergency Medical Treatment and Active Labor Act (EMTALA), 51.20 Employee, borrowed, 52.1–52.3 Employer action for exemplary damages against, 85.2, 85.3 action for loss of consortium against tortfeasor-employer, 80.4 covered by Workers’ Compensation Act, 85.3 Engineer. See Architects and engineers Error in the charge, preservation of, 86.1, 86.2 Estoppel, agency by, 52.4 Evidence. See also Burden of proof; Testimony, jury’s disagreement about circumstantial, 40.8 clear and convincing, definition of, 85.1 insufficient, 80.3–80.5, 81.3–81.6, 82.3 preponderance of, Introduction (4)(f), 40.3 spoliation of, 40.13 weight of, bad result to patient, additional instruction on, 50.1–50.3, 50.7

Exclusionary instruction damages not reduced for decedent’s negligence survival, 82.3 wrongful death, 81.3–81.6 damages not reduced for plaintiff’s or parent’s negligence personal injury, 80.3–80.5, 80.11 property, 83.3, 83.4 damages not reduced for spouse’s negligence, personal injury, 80.4 for eggshell plaintiff, 80.7C for failure to mitigate, 51.1, 61.1, 66.1, 71.1, 80.8 for preexisting symptomatic condition or injury aggravated, 80.7B no eggshell plaintiff, 80.7A for subsequent aggravation of injury, 80.7D Execution of document by fraud as ground for joint and several liability, 72.12 as ground for removing exemplary damages limitation, 85.15 Exemplary damages apportioning, 85.4 attorney’s fees, 84.4, 84.7 based on criminal acts of another, 85.2 bifurcation, 40.4, 85.3, 85.5–85.21 against corporation, 85.2 definition of, 85.3 determining amount, 85.3 when employer covered by Workers’ Compensation Act, 85.3 limitation on amount of recovery, 85.3 exceptions to, 85.1, 85.5–85.21 limits on conduct to be considered for, 85.3 malicious credentialing claim, 51.19 out-of-state conduct and, 85.3 prejudgment interest not recoverable on, 85.3

standards for recovery of, 85.1 unanimous answer, 85.1–85.21

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