Texas Statutes
Title 4 - Liability in Tort
Chapter 74 - Medical Liability

Subchapter A. General Provisions

Section 74.001. Definitions - Sec. 74.001. DEFINITIONS. (a) In this chapter: (1) "Affiliate" means...

Section 74.002. Conflict With Other Law and Rules of Civil Procedure - Sec. 74.002. CONFLICT WITH OTHER LAW AND RULES OF CIVIL...

Section 74.003. Sovereign Immunity Not Waived - Sec. 74.003. SOVEREIGN IMMUNITY NOT WAIVED. This chapter does not...

Section 74.004. Exception From Certain Laws - Sec. 74.004. EXCEPTION FROM CERTAIN LAWS. (a) Notwithstanding any other...

Subchapter B. Notice and Pleadings

Section 74.051. Notice - Sec. 74.051. NOTICE. (a) Any person or his authorized agent...

Section 74.052. Authorization Form for Release of Protected Health Information - Sec. 74.052. AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION....

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;...

Subchapter C. Informed Consent

Section 74.101. Theory of Recovery - Sec. 74.101. THEORY OF RECOVERY. In a suit against a...

Section 74.102. Texas Medical Disclosure Panel - Sec. 74.102. TEXAS MEDICAL DISCLOSURE PANEL. (a) The Texas Medical...

Section 74.103. Duties of Disclosure Panel - Sec. 74.103. DUTIES OF DISCLOSURE PANEL. (a) To the extent...

Section 74.104. Duty of Physician or Health Care Provider - Sec. 74.104. DUTY OF PHYSICIAN OR HEALTH CARE PROVIDER. Before...

Section 74.105. Manner of Disclosure - Sec. 74.105. MANNER OF DISCLOSURE. Consent to medical care that...

Section 74.106. Effect of Disclosure - Sec. 74.106. EFFECT OF DISCLOSURE. (a) In a suit against...

Section 74.107. Informed Consent for Hysterectomies - Sec. 74.107. INFORMED CONSENT FOR HYSTERECTOMIES. (a) The disclosure panel...

Subchapter D. Emergency Care

Section 74.151. Liability for Emergency Care - Sec. 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person who...

Section 74.152. Unlicensed Medical Personnel - Sec. 74.152. UNLICENSED MEDICAL PERSONNEL. Persons not licensed or certified...

Section 74.153. Standard of Proof in Cases Involving Emergency Medical Care - Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY MEDICAL...

Section 74.154. Jury Instructions in Cases Involving Emergency Medical Care - Sec. 74.154. JURY INSTRUCTIONS IN CASES INVOLVING EMERGENCY MEDICAL CARE....

Section 74.155. Liability of Physicians, Health Care Providers, and First Responders During Pandemic - Sec. 74.155. LIABILITY OF PHYSICIANS, HEALTH CARE PROVIDERS, AND FIRST...

Subchapter E. Res Ipsa Loquitur

Section 74.201. Application of Res Ipsa Loquitur - Sec. 74.201. APPLICATION OF RES IPSA LOQUITUR. The common law...

Subchapter F. Statute of Limitations

Section 74.251. Statute of Limitations on Health Care Liability Claims - Sec. 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS....

Subchapter G. Liability Limits

Section 74.301. Limitation on Noneconomic Damages - Sec. 74.301. LIMITATION ON NONECONOMIC DAMAGES. (a) In an action...

Section 74.302. Alternative Limitation on Noneconomic Damages - Sec. 74.302. ALTERNATIVE LIMITATION ON NONECONOMIC DAMAGES. (a) In the...

Section 74.303. Limitation on Damages - Sec. 74.303. LIMITATION ON DAMAGES. (a) In a wrongful death...

Subchapter H. Procedural Provisions

Section 74.351. Expert Report - Sec. 74.351. EXPERT REPORT. (a) In a health care liability...

Section 74.352. Discovery Procedures - Sec. 74.352. DISCOVERY PROCEDURES. (a) In every health care liability...

Section 74.353. Preliminary Determination for Expert Report Requirement - Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT. (a) On...

Subchapter I. Expert Witnesses

Section 74.401. Qualifications of Expert Witness in Suit Against Physician - Sec. 74.401. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST PHYSICIAN....

Section 74.402. Qualifications of Expert Witness in Suit Against Health Care Provider - Sec. 74.402. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST HEALTH...

Section 74.403. Qualifications of Expert Witness on Causation in Health Care Liability Claim - Sec. 74.403. QUALIFICATIONS OF EXPERT WITNESS ON CAUSATION IN HEALTH...

Subchapter J. Arbitration Agreements

Section 74.451. Arbitration Agreements - Sec. 74.451. ARBITRATION AGREEMENTS. (a) No physician, professional association of...

Subchapter K. Payment for Future Losses

Section 74.501. Definitions - Sec. 74.501. DEFINITIONS. In this subchapter: (1) "Future damages" means...

Section 74.502. Scope of Subchapter - Sec. 74.502. SCOPE OF SUBCHAPTER. This subchapter applies only to...

Section 74.503. Court Order for Periodic Payments - Sec. 74.503. COURT ORDER FOR PERIODIC PAYMENTS. (a) At the...

Section 74.504. Release - Sec. 74.504. RELEASE. The entry of an order for the...

Section 74.505. Financial Responsibility - Sec. 74.505. FINANCIAL RESPONSIBILITY. (a) As a condition to authorizing...

Section 74.506. Death of Recipient - Sec. 74.506. DEATH OF RECIPIENT. (a) On the death of...

Section 74.507. Award of Attorney's Fees - Sec. 74.507. AWARD OF ATTORNEY'S FEES. For purposes of computing...