Texas PJC Malpractice 2022

S UBJECT I NDEX

Proportionate responsibility. See also Contributory negligence between defendant and contribution defendant, 51.5, 61.8, 66.12, 71.14 derivative claimant, 51.6, 61.9, 66.13, 71.15 in medical malpractice, 51.4–51.6 in nonmedical professional malpractice, 61.7–61.9 in premises liability, 66.11–66.13 Proximate cause definition of in breach-of-warranty cases, 70.2 in claim for breach of express or implied warranty, 70.2 in medical malpractice, 50.1–50.4 in nonmedical professional malpractice, 60.1 in premises liability, 65.4, 65.5 in products cases, 71.7 new and independent cause, 50.4, 60.2, 65.5, 70.3 sole ( see Sole proximate cause) standard for breach of warranty, 71.9– 71.12 Public Accountancy Act, 60.1 Punitive damages. See Exemplary damages Psychiatrist, no implied warranty for, 51.17 R “Reasonable notice,” definition of, 51.7 “Reasonable” vs. “ordinary” care, 50.1– 50.3, 60.1 Rebuttable presumption failure to disclose risks and hazards of medical procedure as, 51.11, 51.12 inadequate warnings as, 71.5 products complying with government standards, 71.4, 71.5 Remarriage of surviving spouse, 81.3

Repair of property, damages for, 83.4 Request for submission as means of preserving error, 86.1 Res ipsa loquitur, common-law doctrine of, 51.8 Responsible third party, 51.2, 61.2, 66.2, 71.2 Right to control, premises liability, 66.3, 66.14 Risks and hazards of medical treatment, 51.9–51.14 Safer alternative design, 71.4, 71.7, 71.9 Safety-related services, negligently undertaking, 71.8 Salvage value, total destruction of property, 83.3 Securing execution of document by fraud as ground for joint and several liability, 72.12 as ground for removing exemplary damages limitation, 85.15 Seller of product breach of express warranty by, 71.12 breach of implied warranty by, 71.9–71.11 definition of, 70.5 duty of, to warn or instruct in use of product, 71.5 misrepresentation by, 71.6 Separate property, recovery for loss of consortium and services as, 80.4 Serious bodily injury, 85.8, 85.10, 85.11, 85.18 Settling person, 51.2, 61.2, 66.2, 71.2 Severe emotional disturbance, 72.8C, 85.11C S

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