Texas Medical Malpractice Information /Subchapter G

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Article 4590i. Medical Liability and Insurance Improvement Act

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SUBCHAPTER G. RES IPSA LOQUITUR

Sec. 7.01. Application of Res Ipsa Loquitur.

The common-law doctrine of res ipsa loquitur shall only apply
to health care liability claims against health care providers or
physicians in those cases to which it has been applied by the
appellate courts of this state as of the effective date of this
subchapter.

Sec. 7.02. Jury Instruction Authorized in Certain Cases.

(a) In a jury trial involving a health care liability claim
against a physician or hospital for injury to or death of a
patient in which the court determines that the following
instruction is reasonably applicable to the facts, the court
shall provide the following instruction in the court's charge to
the jury:

"A finding of negligence may not be based solely on
evidence
of a bad result to the patient in question, but such a bad
result may be considered by you, along with other evidence,
in determining the issue of negligence; you shall be the
sole judges of the weight, if any, to be given to any such
evidence."

(b) Nothing in Subsection (a) of this section shall affect the
existing law regarding the applicability or nonapplicability of
the doctrine of res ipsa loquitur to a health care liability
claim.

(c) The determination of whether the instruction authorized by
Subsection (a) of this section is reasonably applicable to the
facts shall be made by the trial court in its sole discretion,
and such determination by the trial court shall be reviewable by
an appellate court only for an abuse of such discretion.

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