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Texas Civil Practice & Remedies Code - Chapter 74 Medical LiabilityLegal Research Home > Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Chapter 74 Medical Liability (a) In this chapter: (1) "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under ... (a) In the event of a conflict between this chapter and another law, including a rule of procedure or evidence or court rule, this chapter ... This chapter does not waive sovereign immunity from suit or from liability. Added by Acts 2003, 78th Leg., ch. 204, § 10.01, eff. Sept. 1, ... (a) Notwithstanding any other law, Sections 17.41-17.63, Business & Commerce Code, do not apply to physicians or health care providers with respect to claims for ... (a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt ... (a) Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section. Failure ... Pleadings in a suit based on a health care liability claim shall not specify an amount of money claimed as damages. The defendant may file ... In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician ... (a) The Texas Medical Disclosure Panel is created to determine which risks and hazards related to medical care and surgical procedures must be disclosed by ... (a) To the extent feasible, the panel shall identify and make a thorough examination of all medical treatments and surgical procedures in which physicians and ... Before a patient or a person authorized to consent for a patient gives consent to any medical care or surgical procedure that appears on the ... Consent to medical care that appears on the disclosure panel's list requiring disclosure shall be considered effective under this chapter if it is given in ... (a) In a suit against a physician or health care provider involving a health care liability claim that is based on the negligent failure of ... (a) The disclosure panel shall develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks ... (a) A person who in good faith administers emergency care, including using an automated external defibrillator, is not liable in civil damages for an act ... Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in ... In a suit involving a health care liability claim against a physician or health care provider for injury to or death of a patient arising ... (a) In an action for damages that involves a claim of negligence arising from the provision of emergency medical care in a hospital emergency department ... The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases ... (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two ... (a) In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a ... (a) In the event that Section 74.301 is stricken from this subchapter or is otherwise to any extent invalidated by a method other than through ... (a) In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care ... (a) In a health care liability claim, a claimant shall, not later than the 120th day after the date the original petition was filed, serve ... (a) In every health care liability claim the plaintiff shall within 45 days after the date of filing of the original petition serve on the ... (a) In a suit involving a health care liability claim against a physician for injury to or death of a patient, a person may qualify ... (a) For purposes of this section, "practicing health care" includes: (1) training health care providers in the same field as the defendant health care provider ... (a) Except as provided by Subsections (b) and (c), in a suit involving a health care liability claim against a physician or health care provider, ... (a) No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement ... In this subchapter: (1) "Future damages" means damages that are incurred after the date of judgment for: (A) medical, health care, or custodial care services; ... This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value ... (a) At the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services ... The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by ... (a) As a condition to authorizing periodic payments of future damages, the court shall require a defendant who is not adequately insured to provide evidence ... (a) On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient ... For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court ... Last modified: August 10, 2007 |