§ 74.151 Liability for Emergency Care
§ 74.152 Unlicensed Medical Personnel
§ 74.153 Standard of Proof in Cases Involving Emergency Medical Care
§ 74.154 Jury Instructions in Cases Involving Emergency Medical Care
§ 74.155 Liability of Physicians, Health Care Providers, and First Responders During Pandemic

Terms Used In Texas Civil Practice and Remedies Code Chapter 74 > Subchapter D - Emergency Care

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Claimant: means a person, including a decedent's estate, seeking or who has sought recovery of damages in a health care liability claim. See Texas Civil Practice and Remedies Code 74.001
  • Court: means any federal or state court. See Texas Civil Practice and Remedies Code 74.001
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Emergency medical care: means bona fide emergency services provided after the sudden onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. See Texas Civil Practice and Remedies Code 74.001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Health care: means any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Texas Civil Practice and Remedies Code 74.001
  • Health care provider: means any person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Texas to provide health care, including:
    (i) a registered nurse;
    (ii) a dentist;
    (iii) a podiatrist;
    (iv) a pharmacist;
    (v) a chiropractor;
    (vi) an optometrist;
    (vii) a health care institution; or
    (viii) a health care collaborative certified under Chapter 848, Insurance Code. See Texas Civil Practice and Remedies Code 74.001
  • Hospital: means a licensed public or private institution as defined in Chapter 241, Health and Safety Code, or licensed under Chapter 577, Health and Safety Code. See Texas Civil Practice and Remedies Code 74.001
  • Medical care: means any act defined as practicing medicine under § 151. See Texas Civil Practice and Remedies Code 74.001
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Physician: means :
    (A) an individual licensed to practice medicine in this state;
    (B) a professional association organized under the Texas Professional Association Act (Article 1528f, Vernon's Texas Civil Statutes) by an individual physician or group of physicians;
    (C) a partnership or limited liability partnership formed by a group of physicians;
    (D) a nonprofit health corporation certified under § 162. See Texas Civil Practice and Remedies Code 74.001
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005