SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 74.001 - Definitions
(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...
- Texas Section 74.002 - Conflict With Other Law And Rules Of Civil Procedure
(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...
- Texas Section 74.003 - Sovereign Immunity Not Waived
This chapter does not waive sovereign immunity from suit or from liability. Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1,
SUBCHAPTER B NOTICE AND PLEADINGS
- Texas Section 74.004 - Exception From Certain Laws
(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...
- Texas Section 74.051 - Notice
(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...
- Texas Section 74.052 - Authorization Form For Release Of Protected Health Information
(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...
SUBCHAPTER C INFORMED CONSENT
- Texas Section 74.053 - Pleadings Not To State Damage Amount; Special Exception; Exclusion From Section
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...
- Texas Section 74.101 - Theory Of Recovery
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...
- Texas Section 74.102 - Texas Medical Disclosure Panel
(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...
- Texas Section 74.103 - Duties Of Disclosure Panel
(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...
- Texas Section 74.104 - Duty Of Physician Or Health Care Provider
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...
- Texas Section 74.105 - Manner Of Disclosure
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...
- Texas Section 74.106 - Effect Of Disclosure
(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...
SUBCHAPTER D EMERGENCY CARE
- Texas Section 74.107 - Informed Consent For Hysterectomies
(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...
- Texas Section 74.151 - Liability For Emergency Care
(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the...
- Texas Section 74.152 - Unlicensed Medical Personnel
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...
- Texas Section 74.153 - Standard Of Proof In Cases Involving Emergency Medical Care
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...
SUBCHAPTER E RES IPSA LOQUITUR
- Texas Section 74.154 - Jury Instructions In Cases Involving Emergency Medical Care
(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...
SUBCHAPTER F STATUTE OF LIMITATIONS
- Texas Section 74.201 - Application Of Res Ipsa Loquitur
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...
SUBCHAPTER G LIABILITY LIMITS
- Texas Section 74.251 - Statute Of Limitations On Health Care Liability Claims
(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...
- Texas Section 74.301 - Limitation On Noneconomic Damages
(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...
- Texas Section 74.302 - Alternative Limitation On Noneconomic Damages
(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...
SUBCHAPTER H PROCEDURAL PROVISIONS
- Texas Section 74.303 - Limitation On Damages
(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...
- Texas Section 74.351 - Expert Report
(a) In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed,...
SUBCHAPTER I EXPERT WITNESSES
- Texas Section 74.352 - Discovery Procedures
(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...
- Texas Section 74.401 - Qualifications Of Expert Witness In Suit Against Physician
(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...
- Texas Section 74.402 - Qualifications Of Expert Witness In Suit Against Health Care Provider
(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...
SUBCHAPTER J ARBITRATION AGREEMENTS
- Texas Section 74.403 - Qualifications Of Expert Witness On Causation In Health Care Liability Claim
(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,...
SUBCHAPTER K PAYMENT FOR FUTURE LOSSES
- Texas Section 74.451 - Arbitration Agreements
(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...
- Texas Section 74.501 - Definitions
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;...
- Texas Section 74.502 - Scope Of Subchapter
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...
- Texas Section 74.503 - Court Order For Periodic Payments
(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...
- Texas Section 74.504 - Release
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...
- Texas Section 74.505 - Financial Responsibility
(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...
- Texas Section 74.506 - Death Of Recipient
(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...
- Texas Section 74.507 - Award Of Attorney's Fees
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...