Texas PJC Malpractice 2022

S UBJECT I NDEX

Past and future damages, separate answers for, 80.3–80.6, 80.11, 81.3– 81.6 Patient. See also Physician abandonment of, by physician, 51.7 physician-patient relationship, 50.6 right of, to information regarding medical treatment, 51.9 Pecuniary interest, 61.4 Pecuniary loss, definition of, 81.3 – 81.6 Penal Code violation as ground for joint and several liability, ch. 72 as ground for removing exemplary damages limitation, 85.3, 85.5–85.21 Percentage of responsibility, definition of, 51.1, 51.6, 61.1, 61.9, 66.1, 66.13, 71.1, 71.15 Periodic payments of future damages, 80.5 Personal injury damages. See Damages, personal injury Personal property, measure for damages to, 83.3, 83.4 Physical impairment, elements of damages for, 80.3, 80.5 “Physical injury,” use of, 80.10 Physical pain, damages for, 80.3, 80.5, 82.3 Physician. See also Medical malpractice; Patient abandonment of patient by, 51.7 agency relationship with hospital, 52.4 breach of express warranty by, 51.16 degree of care for, 50.1 duty of, to warn of risk in use of drugs, 71.5 emergency care liability, 51.18A emergency medical care liability, 51.18B failure of, to disclose risks and hazards of medical procedure, 51.9–51.13

independent contractor relationship with hospital, 50.2 liability of, when hired by third party, 50.6 negligence of, 51.3 comparative, 51.4–51.6 gross, 85.1 willful and wanton, 51.18 reliance by, on representation of product, 71.6 statutory provision for emergency care by, 51.18B tort of battery, 51.15 Physician-patient relationship, 50.6 Possessor of premises, duty owed by, 66.8 for attractive nuisance, 66.10 Precedents, use of, Introduction (3) Preexisting condition or injury, exclusionary instruction for asymptomatic—eggshell plaintiff, 80.7C subsequent aggravation, 80.7D symptomatic aggravation of, 80.7B no aggravation of, and no eggshell plaintiff, 80.7A Prejudgment interest on exemplary damages, not recoverable, 85.3 on loss of inheritance damages, not recoverable, 81.3, 81.4 on property damages, 83.3, 83.4 on survival damages, 82.3 Premises liability, chs. 65, 66 comparative negligence, 66.11–66.13 contribution defendant, 66.2, 66.12 defective condition distinguished from negligent activity, 65.1, 66.3 definitions and instructions, ch. 65 derivative claimant, 66.13 emergency, 65.9 attractive nuisance, 66.10 child’s degree of care, 65.3

gross negligence, 66.8, 66.9 independent contractor, 66.3

566