Texas PJC Malpractice 2022

PJC 80.3

P ERSONAL I NJURY D AMAGES

One element only. Only those elements for which evidence is introduced should be submitted. If only one element is submitted, the question should read— What sum of money, if paid now in cash, would fairly and reason ably compensate Paul Payne for medical care expenses , if any, resulting from the occurrence in question? The phrase medical care expenses may be replaced by any applicable element. No evidence of physical pain. If there is no evidence of physical pain but there is evidence of compensable mental anguish, element 1 should submit only “mental anguish.” See St. Elizabeth Hospital v. Garrard , 730 S.W.2d 649 (Tex. 1987), over ruled on other grounds by Boyles v. Kerr , 855 S.W.2d 593, 595–96 (Tex. 1993). Caveat on submitting physical pain and mental anguish together. To avoid concerns about improperly mixing valid and invalid elements of damages ( see Harris County , 96 S.W.3d at 234), when the sufficiency of the evidence to support either physical pain or mental anguish is in question, separate submission of those items may avoid the need for a new trial if a sufficiency challenge is upheld on appeal. See Katy Springs & Manufacturing, Inc. v. Favalora , 476 S.W.3d 579, 597–99, 610–11 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (although challenge to separate sub mission was waived, separate awards allowed modification of judgment, rather than remand for new trial, where evidence of future mental anguish was legally insuffi cient). The Texas Supreme Court has yet to decide the issue. Medical care expenses. Recovery of medical or health care expenses is governed by section 41.0105 of the Texas Civil Practice and Remedies Code. This statute pro vides, “In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Tex. Civ. Prac. & Rem. Code §41.0105. See also Haygood v. De Escabedo , 356 S.W.3d 390 (Tex. 2011) (interpreting section 41.0105). Reasonable expenses and necessary medical care. If there is a question whether medical expenses are reasonable or medical care is necessary, the following should be substituted for elements 9 and 10: 9. Reasonable expenses of necessary medical care in the past. Answer: _______________ 10. Reasonable expenses of necessary medical care that, in rea sonable probability, Paul Payne will incur in the future. Answer: _______________ Medical care expenses may also be replaced by the specific items (e.g., physicians’ fees , dental fees , chiropractic fees , hospital bills , medicine expenses , nursing services’

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