§ 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.