Texas PJC Malpractice 2022

S UBJECT I NDEX

Medical screening examination, definition of, 51.20 Medical transport, 51.18A Mental anguish definition of, 81.3–81.6, 82.3 personal injury damages for, 80.3, 80.5 loss of consortium by child, 80.11 submitting with physical pain damages, 80.3, 80.5, 82.3 survival damages for decedent’s, 82.3 wrongful death damages for, 81.3–81.6 Military equipment, liability for government suppliers of, 71.4 Minor child. See also Adult child, parent’s claim for death of; Child when born after parent’s death, 81.4 claim of, for parent’s death, 81.4 death of, 81.5 degree of care required of, 65.3 injury of, 80.5 loss of earnings of, 80.5, 80.6, 81.5 loss of parental consortium, 80.10, 80.11 loss of services of, 80.6, 81.5 Misapplication of fiduciary property or property of financial institution as ground for joint and several liability, 72.11 as ground for removing exemplary damages limitation, 85.14 Misrepresentation by attorney, 61.11 by nonmedical professional, 61.4 in products liability, 71.6 Mitigate, failure to, 51.1, 61.1, 66.1, 71.1, 80.8, 80.11 Multiple defendants. See also Contribution defendant exemplary damages, separate question for each defendant, 85.3 plaintiff’s negligence not in issue, 80.1, 81.1, 82.1, 83.1, 84.1

Multiple plaintiffs exemplary damages, apportionment of, 85.3 instruction conditioning damages questions for, 80.1, 81.1, 82.1, 83.1, 84.1 Murder as ground for joint and several liability, 72.2, 72.3 as ground for removing exemplary damages limitation, 85.5, 85.6 N Natural sequence, 50.1–50.3, 60.1, 65.4, 70.1, 70.2 Negligence. See also Comparative negligence; Contributory negligence of child, 65.3 between child and adult apportioned, 51.6, 61.9, 65.3, 66.13, 71.15 of decedent, 81.3–81.6, 82.3 definition of for medical malpractice, 50.1–50.3 for nonmedical professional malpractice, 60.1 for premises liability, 65.2, 65.3 distinction between attorney’s breach of fiduciary duty and negligence, 61.12 distinction between breach of fiduciary duty and professional negligence, 61.6 distinction between injury-causing and occurrence-causing, 51.1, 61.1, 66.1, 71.1 distinction between negligent activity and defective condition, 65.1, 66.3 economic damages for in legal malpractice, 84.4 in nonmedical professional malpractice, 84.3 of employer, nonsubscribing, 65.1 gross ( see Gross negligence) of hospital, 50.2

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