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Current as of April 14, 2021 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 74.154. Jury Instructions in Cases Involving Emergency Medical Care - last updated April 14, 2021 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-74-154/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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