Texas PJC Malpractice 2022

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

PJC 51.4

Compare claimants separately. Each claimant should be submitted separately within the proportionate responsibility question. Tex. Civ. Prac. & Rem. Code §§ 33.003, 33.011(1). For claimants seeking derivative damages, see PJC 51.6. Use of “responsibility” or “negligence.” Chapter 33 of the Civil Practice and Remedies Code applies not only to negligence but also to any cause of action based on tort or any action brought under the DTPA. Tex. Civ. Prac. & Rem. Code §33.002(a)(1), (2). For this reason, and because section 33.011 expressly calls for the comparison of “responsibility,” that is the term the Committee suggests. Tex. Civ. Prac. & Rem. Code §33.011(4). However, when negligence is the only theory by which any of the submitted persons could be found liable, an alternative submission might be as follows: For each of those named below that you found caused or contrib uted to cause the [ injury ] [ occurrence ], find the percentage of negli gence attributable to each. Settling person, contribution defendant, or responsible third party. See PJC 51.2.

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