Texas PJC Malpractice 2022

Subject Index

Loss of inheritance, 81.3, 81.4 Loss of services child’s death, 81.5, 81.6

Liability. See also entries for Damages of borrowing employer, 52.1 damages conditioned on, 80.1, 81.1, 82.1, 83.1, 84.1 of downstream parties, in products liability, 71.13, 71.15 of government contractors, 71.4 of health care provider, 80.9, 81.7, 82.4 during pandemic, 51.21 joint and several, exceptions to limitations on, 51.3, 61.5, 66.4, 66.5, 66.10, ch. 72 vicarious, 50.2, 52.1, 52.2, 52.4 Licensee definition of, 66.6, 66.7 plaintiff as, 66.5–66.7 injured by gross negligence, 66.8 Limitations for case based on breach of implied warranty, 71.10, 71.11 Limitations for health care liability claim, 50.8 Limitations on recovery of exemplary damages, 85.3 statutory grounds for removal of, 85.5– 85.21 Locality rule replaced with “reasonable person” rule, 51.10 supreme court on, 50.1, 50.2 Loss of addition to estate, 81.3 Loss of companionship and society, 81.3–81.6 Loss of consortium, 80.4 parental, 80.10, 80.11 Loss of earning capacity, 80.3, 80.5 Loss of earnings, 80.3, 80.5 of minor child, 80.5, 80.6, 81.5 parents’ rights to, under Family Code, 80.6, 81.5 Loss of household services, 80.4

child’s injury, 80.6 parent’s death, 81.4 spouse’s death, 81.3 spouse’s injury, 80.4

Loss of use of property, 83.3, 83.4 Lost chance of survival, 50.1–50.3

M

Malice. See also Gross negligence definition of, 85.1, 85.2 as justification for exemplary damages, 85.1, 85.2 Malicious credentialing claim, 51.19

Managerial capacity, 85.2 Manufacturing defect, 71.3

Marketing defect, 71.5 Market value, 83.3, 83.4 Material fact, definition of, 71.6 Medical expenses. See Expenses, medical Medical Liability Act of Texas on common-law doctrine of res ipsa loquitur, 51.8 definition of health care liability claim under, 80.9, 81.7, 82.4 Medical malpractice, chs. 50–53. See also Health care personnel; Hospital; Physician claim of battery, 51.15 informed consent, doctrine of, applied to, 51.9 ( see also Consent) ostensible agency theory, 52.4 res ipsa loquitur, doctrine of, applied to, 51.8

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