Texas Civil Practice and Remedies Code

§ 74.154 — JURY INSTRUCTIONS IN CASES INVOLVING EMERGENCY MEDICAL CARE

CP § 74.154Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. D. EMERGENCY CARE

Statute text

(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 or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters:

(1)whether the person providing care did or did not have the patient's medical history or was able or unable to obtain a full medical history, including the knowledge of preexisting medical conditions, allergies, and medications;

(2)the presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship;

(3)the circumstances constituting the emergency; and

(4)the circumstances surrounding the delivery of the emergency medical care.

(b)The provisions of Subsection (a) do not apply to medical care or treatment:

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Legislative history

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.