Texas PJC Malpractice 2022

M EDICAL M ALPRACTICE —D EFINITIONS , I NSTRUCTIONS & Q UESTIONS PJC 50.3

PJC 50.3

Health Care Personnel’s Degree of Care; Proximate Cause

“Negligence,” when used with respect to the conduct of Don Donaldson , means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. “Ordinary care,” when used with respect to the conduct of Don Donaldson , means that degree of care that a person of ordinary prudence would use under the same or similar circumstances. “Proximate cause,” when used with respect to the conduct of Don Donald son , means a cause that was a substantial factor in bringing about an [ injury ] [ occurrence ], and without which cause such [ injury ] [ occurrence ] would not have occurred. In order to be a proximate cause, the act or omission com plained of must be such that a person using ordinary care would have foreseen that the [ injury ] [ occurrence ], or some similar [ injury ] [ occurrence ], might rea sonably result therefrom. There may be more than one proximate cause of an [ injury ] [ occurrence ]. [W]e first examine the causation standards for proximate cause and produc ing cause. “The two elements of proximate cause are cause in fact (or sub stantial factor) and foreseeability. . . . Cause in fact is established when the act or omission was a substantial factor in bringing about the injuries, and without it, the harm would not have occurred.” IHS Cedars Treatment Ctr. v. Mason , 143 S.W.3d 794, 798–99 (Tex. 2004). “The approved definition of ‘proximate cause’ in negligence cases and the approved definition of ‘producing cause’ in compensation cases are in substance the same, except that there is added to the definition of proximate cause the element of fore seeableness.” [ Texas Indemnity Insurance Co. v. Staggs , 134 S.W.2d 1026, 1028–29 (Tex. 1940).] In other words, the producing cause inquiry is con ceptually identical to that of cause in fact. Transcontinental Insurance Co. v. Crump , 330 S.W.3d 211, 222–23 (Tex. 2010). See also Ford Motor Co. v. Ledesma , 242 S.W.3d 32, 46 (Tex. 2007). COMMENT Source of definition. This definition of proximate cause is based on language from Transcontinental Insurance Co. v. Crump :

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