reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 73.062 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 73 - Libel|Subchapter B. Correction, Clarification, or Retraction by Publisher|Section 73.062. Abatement

Sec. 73.062.  ABATEMENT.  (a)  A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.(b)  A suit is automatically abated, in its entirety, without the order of the court, beginning on the 11th day after the date a plea in abatement is filed under Subsection (a) if the plea in abatement:(1)  is verified and alleges that the person against whom the suit is pending did not receive the written request as required by Section 73.055; and(2)  is not controverted in an affidavit filed by the person bringing the claim before the 11th day after the date on which the plea in abatement is filed.(c)  An abatement under Subsection (b) continues until the 60th day after the date that the written request is served or a later date agreed to by the parties.  If a controverting affidavit is filed under Subsection (b)(2), a hearing on the plea in abatement will take place as soon as practical considering the court's docket.(d)  All statutory and judicial deadlines under the Texas Rules of Civil Procedure relating to a suit abated under Subsection (b), other than those provided in this section, will be stayed during the pendency of the abatement period under this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.|
TX Civ Prac & Rem Code § 74.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter A. General Provisions|Section 74.002. Conflict With Other Law and Rules of Civil Procedure

Sec. 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 controls to the extent of the conflict.(b)  Notwithstanding Subsection (a), in the event of a conflict between this chapter and Section 101.023, 102.003, or 108.002, those sections of this code control to the extent of the conflict.(c)  The district courts and statutory county courts in a county may not adopt local rules in conflict with this chapter.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter A. General Provisions|Section 74.003. Sovereign Immunity Not Waived

Sec. 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, 2003.|
TX Civ Prac & Rem Code § 74.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter A. General Provisions|Section 74.004. Exception From Certain Laws

Sec. 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 damages for personal injury or death resulting, or alleged to have resulted, from negligence on the part of any physician or health care provider.(b)  This section does not apply to pharmacists.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter B. Notice and Pleadings|Section 74.051. Notice

Sec. 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 requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim.  The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052.(b)  In such pleadings as are subsequently filed in any court, each party shall state that it has fully complied with the provisions of this section and Section 74.052 and shall provide such evidence thereof as the judge of the court may require to determine if the provisions of this chapter have been met.(c)  Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.(d)  All parties shall be entitled to obtain complete and unaltered copies of the patient's medical records from any other party within 45 days from the date of receipt of a written request for such records;  provided, however, that the receipt of a medical authorization in the form required by Section 74.052 executed by the claimant herein shall be considered compliance by the claimant with this subsection.(e)  For the purposes of this section, and notwithstanding Chapter 159, Occupations Code, or any other law, a request for the medical records of a deceased person or a person who is incompetent shall be deemed to be valid if accompanied by an authorization in the form required by Section 74.052 signed by a parent, spouse, or adult child of the deceased or incompetent person.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.053 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter B. Notice and Pleadings|Section 74.053. Pleadings Not to State Damage Amount; Special Exception; Exclusion From Section

Sec. 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 a special exception to the pleadings on the ground the suit is not within the court's jurisdiction, in which event the plaintiff shall inform the court and defendant in writing of the total dollar amount claimed.  This section does not prevent a party from mentioning the total dollar amount claimed in examining prospective jurors on voir dire or in argument to the court or jury.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.101 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.101. Theory of Recovery

Sec. 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 or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.103 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.103. Duties of Disclosure Panel

Sec. 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 health care providers may be involved in order to determine which of those treatments and procedures do and do not require disclosure of the risks and hazards to the patient or person authorized to consent for the patient.(b)  The panel shall prepare separate lists of those medical treatments and surgical procedures that do and do not require disclosure and, for those treatments and procedures that do require disclosure, shall establish the degree of disclosure required and the form in which the disclosure will be made.  Each provision of a disclosure form prepared under this subsection must be made available in English and Spanish.(c)  Lists prepared under Subsection (b) together with written explanations of the degree and form of disclosure shall be published in the Texas Register.(d)  At least annually, or at such other period the panel may determine from time to time, the panel will identify and examine any new medical treatments and surgical procedures that have been developed since its last determinations, shall assign them to the proper list, and shall establish the degree of disclosure required and the form in which the disclosure will be made.  The panel will also examine such treatments and procedures for the purpose of revising lists previously published.  These determinations shall be published in the Texas Register.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 307 (S.B. 555), Sec. 1, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 74.104 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.104. Duty of Physician or Health Care Provider

Sec. 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 disclosure panel's list requiring disclosure, the physician or health care provider shall disclose to the patient or person authorized to consent for the patient the risks and hazards involved in that kind of care or procedure.  A physician or health care provider shall be considered to have complied with the requirements of this section if disclosure is made as provided in Section 74.105.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.105 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.105. Manner of Disclosure

Sec. 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 writing, signed by the patient or a person authorized to give the consent and by a competent witness, and if the written consent specifically states the risks and hazards that are involved in the medical care or surgical procedure in the form and to the degree required by the disclosure panel under Section 74.103.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.106 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.106. Effect of Disclosure

Sec. 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 the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider:(1)  both disclosure made as provided in Section 74.104 and failure to disclose based on inclusion of any medical care or surgical procedure on the panel's list for which disclosure is not required shall be admissible in evidence and shall create a rebuttable presumption that the requirements of Sections 74.104 and 74.105 have been complied with and this presumption shall be included in the charge to the jury;  and(2)  failure to disclose the risks and hazards involved in any medical care or surgical procedure required to be disclosed under Sections 74.104 and 74.105 shall be admissible in evidence and shall create a rebuttable presumption of a negligent failure to conform to the duty of disclosure set forth in Sections 74.104 and 74.105, and this presumption shall be included in the charge to the jury;  but failure to disclose may be found not to be negligent if there was an emergency or if for some other reason it was not medically feasible to make a disclosure of the kind that would otherwise have been negligence.(b)  If medical care or surgical procedure is rendered with respect to which the disclosure panel has made no determination either way regarding a duty of disclosure, the physician or health care provider is under the duty otherwise imposed by law.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.107 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter C. Informed Consent|Section 74.107. Informed Consent for Hysterectomies

Sec. 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 and hazards of a hysterectomy.(b)  The materials shall be available in English, Spanish, and any other language the panel considers appropriate.  The information must be presented in a manner understandable to a layperson.(c)  The materials must include:(1)  a notice that a decision made at any time to refuse to undergo a hysterectomy will not result in the withdrawal or withholding of any benefits provided by programs or projects receiving federal funds or otherwise affect the patient's right to future care or treatment;(2)  the name of the person providing and explaining the materials;(3)  a statement that the patient or person authorized to consent for the patient understands that the hysterectomy is permanent and nonreversible and that the patient will not be able to become pregnant or bear children if she undergoes a hysterectomy;(4)  a statement that the patient has the right to seek a consultation from a second physician;(5)  a statement that the patient or person authorized to consent for the patient has been informed that a hysterectomy is a removal of the uterus through an incision in the lower abdomen or vagina and that additional surgery may be necessary to remove or repair other organs, including an ovary, tube, appendix, bladder, rectum, or vagina;(6)  a description of the risks and hazards involved in the performance of the procedure;  and(7)  a written statement to be signed by the patient or person authorized to consent for the patient indicating that the materials have been provided and explained to the patient or person authorized to consent for the patient and that the patient or person authorized to consent for the patient understands the nature and consequences of a hysterectomy.(d)  The physician or health care provider shall obtain informed consent under this section and Section 74.104 from the patient or person authorized to consent for the patient before performing a hysterectomy unless the hysterectomy is performed in a life-threatening situation in which the physician determines obtaining informed consent is not reasonably possible.  If obtaining informed consent is not reasonably possible, the physician or health care provider shall include in the patient's medical records a written statement signed by the physician certifying the nature of the emergency.(e)  The disclosure panel may not prescribe materials under this section without first consulting with the Texas State Board of Medical Examiners.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.151 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter D. Emergency Care|Section 74.151. Liability for Emergency Care

Sec. 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 act is wilfully or wantonly negligent, including a person who:(1)  administers emergency care using an automated external defibrillator; or(2)  administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.(b)  This section does not apply to care administered:(1)  for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration;  or(2)  by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, Sec. 10.01.(e)  Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered.  This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or practice or procedure developed under Subchapter G, Chapter 38, Education Code, other than liability arising from wilful or intentional misconduct.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 960, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 679, Sec. 2, eff. Sept. 1, 1999.  Renumbered from Sec. 74.001 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 705 (H.B. 2117), Sec. 1, eff. June 15, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 1, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 3.01, eff. December 1, 2019.|
TX Civ Prac & Rem Code § 74.152 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter D. Emergency Care|Section 74.152. Unlicensed Medical Personnel

Sec. 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 civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent.  This section applies without regard to whether the care is provided for or in expectation of remuneration.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 74.002 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.153 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter D. Emergency Care|Section 74.153. Standard of Proof in Cases Involving Emergency Medical Care

Sec. 74.153.  STANDARD OF PROOF IN CASES INVOLVING EMERGENCY MEDICAL CARE.  (a)  Except as provided by Subsection (b), 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 out of the provision of emergency medical care in a hospital emergency department, in an obstetrical unit, or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the claimant bringing the suit may prove that the treatment or lack of treatment by the physician or health care provider departed from accepted standards of medical care or health care only if the claimant shows by a preponderance of the evidence that the physician or health care provider, with willful and wanton negligence, deviated from the degree of care and skill that is reasonably expected of an ordinarily prudent physician or health care provider in the same or similar circumstances.(b)  Subsection (a) does not apply to:(1)  medical care or treatment:(A)  provided after the patient is:(i)  stabilized; and(ii)  receiving medical care or treatment as a nonemergency patient; or(B)  that is unrelated to a medical emergency; or(2)  a physician or health care provider whose negligent act or omission proximately causes a stable patient to require emergency medical care.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1364 (H.B. 2362), Sec. 1, eff. September 1, 2019.|
TX Civ Prac & Rem Code § 74.154 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter D. Emergency Care|Section 74.154. Jury Instructions in Cases Involving Emergency Medical Care

Sec. 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 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:(1)  that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient;(2)  that is unrelated to the original medical emergency;  or(3)  that is related to an emergency caused in whole or in part by the negligence of the defendant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.201 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter E. Res Ipsa Loquitur|Section 74.201. Application of Res Ipsa Loquitur

Sec. 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 to which it has been applied by the appellate courts of this state as of August 29, 1977.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|