Texas PJC Malpractice 2022

S UBJECT I NDEX

Instructions to jury — continued admonitory ( see Admonitory instructions to jury) for agency relationship in medical malpractice, 52.4 cautionary, on damage limit, 80.9, 81.7, 82.4 on change in product after sale, 70.6 circumstantial evidence, 40.8 community property in wrongful death suit, 81.3 damages conditioned on liability, 80.1, 81.1, 82.1, 83.1, 84.1 damages not reduced for parent’s negligence, 80.11 damages not reduced for plaintiff’s or damages not reduced for spouse’s negligence, 80.4 deadlocked jury, 40.9 emergency, 65.9 exclusionary ( see Exclusionary instruction) inferential rebuttal ( see Inferential rebuttal) jurors’ note-taking, 40.2, 40.3 jurors’ use of electronic technology, 40.1– 40.3 if jury disagrees about testimony, 40.7 negligence, for evidence of bad result to patient, 50.1–50.3 nonmedical professional relationship, 61.3 parallel theories on damages, 40.12 if permitted to separate, 40.6 physician-patient relationship, 50.6 preexisting conditions and injuries, and eggshell plaintiff, 51.18 spoliation, 40.13 suggestion for res ipsa loquitur, 51.8 unanimity, 40.4, 85.1–85.21 after verdict, 40.5 Interest, prejudgment. See Prejudgment interest decedent’s negligence, 51.1, 51.3, 61.1, 66.1, 71.1, 80.3–80.5, 80.8, 81.3–81.6, 82.3, 83.3, 83.4

Intestacy laws, 81.3, 81.4 Intoxication assault, 85.18 Intoxication manslaughter, 85.19 Invitee definition of, 66.6, 66.7 plaintiff as, in premises case, 66.4, 66.6, 66.7

J Joint and several liability

based on Penal Code violations, ch. 72 exceptions to limitations on, 51.3, 61.5, 66.4, 66.5, 66.10, ch. 72 Jury instructions. See Instructions to jury K Knowing conduct, 85.7–85.11, 85.14, 85.21 Knowledge of dangerous condition as gross negligence, 66.8, 66.9 on premises, 66.4, 66.5 L Legal malpractice. See also Attorney attorney-client relationship in dispute, 61.11 attorney’s fee forfeiture, 84.7 burden of proof on plaintiff for loss, 61.5 as deceptive trade practice, 61.10 discovery rule, 61.13 failure to file or prosecute suit, damages for, 84.4 judicial error as sole proximate cause, 60.3 loss of right of appeal, 60.1 new and independent cause, 60.2 plaintiff-clients convicted of crime, 61.5 Legal specialization, 60.1

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