Texas PJC Malpractice 2022

PJC 51.4

M EDICAL M ALPRACTICE —T HEORIES OF D IRECT L IABILITY

PJC 51.4 Proportionate Responsibility—Medical If you answered “Yes” to Question[ s ] ______ [ applicable liability ques tion(s) ] for more than one of those named below, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or con tributed to cause the [ injury ] [ occurrence ]. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The per centage of responsibility attributable to any one is not necessarily measured by the number of acts or omissions found. The percentage attributable to any one need not be the same percentage attributed to that one in answering another question. QUESTION ______ For each of those named below that you found caused or contributed to cause the [ injury ] [ occurrence ], find the percentage of responsibility attribut able to each: 1. Dr. Davis % 2. Dixon Hospital % 3. Paul Payne % 4. Sam Settlor % 5. Responsible Ray % Total 100 % COMMENT When to use. Rule 277 requires a percentage question “[i]n any cause in which the jury is required to apportion the loss among the parties.” Tex. R. Civ. P. 277. Thus, PJC 51.4 should be given if the issue of the responsibility of more than one party is submitted to the jury under Tex. Civ. Prac. & Rem. Code ch. 33. For cases in which there is a derivative claimant, see PJC 51.6. Use of “injury” or “occurrence.” See PJC 51.1. The term used in PJC 51.4 should match that used in PJC 51.3. Blanks for question numbers. The question number to be inserted in the blank space in the conditioning instruction should coincide with that of the underlying liabil ity question.

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