Texas PJC Malpractice 2022

Subject Index

Sexual abuse of young child or disabled individual, continuous as ground for joint and several liability, 72.15 as ground for removing exemplary damages limitation, 85.20 Sexual assault as ground for joint and several liability, 72.6 as ground for removing exemplary damages limitation, 85.9, 85.10, 85.20 Sole cause, in products liability, 70.4 Sole proximate cause in claim for breach of express or implied warranty, 70.2 in medical malpractice, 50.5 in nonmedical professional malpractice, 60.3 in premises case, 65.6 “Special” employee. See Borrowed employee Spoliation, 40.13 Spouse death of, 81.3 injured, negligence of, 80.4 remarriage of, 81.3 surviving, claim for wrongful death by, 81.3 Stabilization of emergency medical condition, definition of, EMTALA, 51.20 Standard of care. See Degree of care Statutory prohibition of corporation’s practice of medicine, 52.4 Strict tort liability. See also Products liability applied to seller of product, 70.5 new and independent cause applied to, 70.1 producing cause applied to, 70.1

Subsequent aggravation of injury, 80.7D Substantial change or alteration in product, 70.6 Substantial factor in toxic tort cases , 70.1, 70.2 Suicide or attempted suicide negligent failure to prevent, 51.3 plaintiff’s contributory negligence, 51.3 Survival damages. See Damages, survival T Taxes. See Income taxes, instruction on whether damages are subject to Technology, electronic, jurors’ use of, 40.1–40.3 Testimony, jury’s disagreement about, 40.7 Texas Business and Commerce Code claim for breach of warranty under express warranty, 51.16, 71.12 implied warranty of fitness for a particular purpose, 71.11 implied warranty of merchantability, 71.9, 71.10 claim for personal injury under, 71.9, 71.11, 71.12 Texas Constitution, exemplary damages authorized by, 85.3 Texas Medical Disclosure Panel, 51.10, 51.11 Theft as ground for joint and several liability, 72.14 as ground for removing exemplary damages limitation, 85.17 Thin-skull plaintiff, 80.7C Third party defendant, negligence of, 65.2 ( see also Contribution defendant)

569