Terms Used In Texas Civil Practice and Remedies Code 91.002

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

Subject to Section 91.003, a health care practitioner who, without compensation or expectation of compensation, conducts a physical examination or medical screening of a patient for the purpose of determining the physical health and fitness of the patient to participate in a school-sponsored extracurricular or sporting activity is immune from civil liability for any act or omission resulting in the death of or injury to the patient if:
(1) the health care practitioner was acting in good faith and in the course and scope of the health care practitioner’s duties;
(2) the health care practitioner commits the act or omission in the course of conducting the physical examination or medical screening of the patient;
(3) the services provided to the patient are within the scope of the license of the health care practitioner; and
(4) before the health care practitioner conducts the physical examination or medical screening, the patient or, if the patient is a minor or is otherwise legally incompetent, the patient’s parent, managing conservator, legal guardian, or other person with legal responsibility for the care of the patient signs a written statement that acknowledges:
(A) that the health care practitioner is conducting a physical examination or medical screening that is not administered for or in expectation of compensation; and
(B) the limitations on the recovery of damages from the health care practitioner in connection with the physical examination or medical screening being performed.