PJC Malpractice 2024

CHANGES IN THE 2024 EDITION

The 2024 edition of Texas Pattern Jury Charges—Malpractice, Premises & Products includes the following changes from the 2022 edition: 1. Instruction on Deposition Testimony—new charge (40.14)

2. Instructions for Multilingual Jurors—new charge (40.15)

3. Medical malpractice—

a. Updated commentary regarding loss of chance (50.1–50.3) b. Updated commentary regarding willful and wanton negligence (51.18) 4. Premises liability— a. Added commentary regarding open and obvious (65.4) b. Added caveat in commentary about incorrect liability theory (66.4, 66.5) 5. Personal injury damages— a. Revised commentary for exemplary damages (80.3–80.5) b. Added commentary regarding periodic payment for future damages (80.3, 80.5) c. Added commentary regarding separate submission of physical pain and mental anguish (80.3) d. Added commentary regarding disfigurement (80.3) e. Added commentary regarding insufficient evidence (80.5) 6. Preservation of charge error—added Caveat noting that the current discussion does not reflect Horton v. Kansas City Southern Railway Co. , 692 S.W.3d 112 (Tex. 2024) (86.2)

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