Texas PJC Malpractice 2022

Subject Index

Note-taking, instructions on jurors’, 40.2, 40.3

of injured parent, 80.11 of injured spouse, 80.4 in medical malpractice, 51.3 in nonmedical professional malpractice, 61.5 of parent, 51.6, 61.9, 66.13, 71.15 of plaintiff for failure to mitigate, 51.1, 61.1, 66.1, 71.1, 80.8 instruction not to reduce amounts for, 80.3, 80.5, 83.3, 83.4 in premises liability if plaintiff is invitee or licensee, 66.4, 66.5 of product defendant, 71.13, 71.15 in products cases, 71.7 professional, 61.5, 61.6 Negligent misrepresentation, 61.4, 61.11, 84.6 Negligent undertaking, 71.8 New and independent cause applicability to strict tort liability case, 70.3 in claim for breach of express or implied warranty, 70.2 definition of, 50.4, 60.2, 65.5, 70.3 as inferential rebuttal, Introduction (4)(c), 50.4, 60.2, 65.5, 70.3 nonmedical professional, 60.2 in premises liability, 65.5 Nondelegable or absolute duties, 85.2 Nonmedical professional malpractice, chs. 60, 61. See also Accountant; Architects and engineers; Attorney; Legal malpractice

O

Objection, as means of preserving error on appeal, 86.1, 86.2 “Occurrence” or “injury,” use of, 51.1, 61.1, 66.1, 71.1, 80.3 “Occurrence,” use of, 51.1, 61.1, 66.1, 71.1, 80.3 in medical malpractice, 50.2, 50.3 in nonmedical malpractice, 60.1 in premises liability, 65.2, 66.4, 66.5, 66.10 for child, 65.3 Ostensible agency theory in medical malpractice, 52.4 Out-of-state conduct, exemplary damages and, 85.3 Pain and suffering. See Mental anguish; Physical pain, damages for Pandemic, liability of health care providers during, 51.21 Parallel theories on damages, 40.12 Parent claim of for death of child, 81.5, 81.6 for injury of child, 80.5 for loss of services of child, 80.6 death of, claim of surviving child for, 81.4 injury of, claim of child for, 80.10, 80.11 Parental consortium, 80.10, 80.11 Open courts challenge, 50.8 Ordinary care, definition of P

broad-form submission, 61.5 comparative negligence, 61.7 contribution defendant, 61.2, 61.8 as deceptive trade practice, 61.10 economic damages for, 84.3–84.5 gross negligence, 85.1 new and independent cause, 60.2 sole proximate cause, 60.3

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