Texas PJC Malpractice 2022

S UBJECT I NDEX

Expenses funeral and burial, 82.3 medical, 80.3, 80.5, 82.3 pecuniary loss, 81.3–81.6

as ground for removing exemplary damages limitation, 85.14

Fifth Amendment, 40.11 Foreseeability, “not reasonably foreseeable,” 50.4, 60.2, 65.5, 70.3 Forgery of disclosure instrument, 51.14 as ground for joint and several liability, 72.9 as ground for removing exemplary damages limitation, 85.12 Fracturing, 61.6 Fraud as basis of liability for architect, 60.1 as ground for exemplary damages, 85.1 Fraudulent destruction of document as ground for joint and several liability, 72.13 as ground for removing exemplary damages limitation, 85.16 Fraudulent securing of document execution, 72.12, 85.15 Funeral and burial expenses, 82.3 Future medical expenses, 80.3

property damages, cost of repairs for, 83.4 Express warranty, what constitutes, 71.12

F Failure to disclose risks of medical procedure, 51.9–51.13 claim of battery against physician, 51.15 disputed, 51.10 effect of jury’s answer to validity of disclosure instrument, 51.14 emergency or other medically feasible reason for, 51.13 when medical procedure required disclosure, 51.11 on written form, 51.12 Failure to mitigate effects of injury, exclusionary instruction for, 51.1, 61.1, 66.1, 71.1, 80.8 Failure to warn or instruct of dangerous condition, in premises liability, 66.4, 66.5, 66.10 gross negligence, 66.8, 66.9 in use of product, 71.5, 71.7 Felonious conduct as ground for joint and several liability, ch. 72 as ground for removing exemplary damages limitation, 85.5–85.21 Fiduciary bribery, as ground for removing exemplary damages limitation, 85.13 definition, 85.13 duty, breach of, by attorney, 61.12 duty, breach of, by nonmedical professional, 61.6 property, misapplication of as ground for joint and several liability, 72.11

G “Good Samaritan” law, 51.18A

Government contractors, liability of, 71.4 Government hospitals, liability of, 50.2

Gross neglect, 85.1 Gross negligence. definition of, 85.1

basis for definition of willful and wanton negligence, 51.18 exemplary damages conditioned on, 85.2, 85.3 imputed to corporation, 85.2 of medical professional, 51.18, 85.1 of nonmedical professional, 85.1

560