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51 Tex. Tech L. Rev. 785 (2018-2019)
Emergency Medical Care in Chapter 74: Substantive Definitions and Interpretive Quandaries

handle is hein.journals/text51 and id is 827 raw text is: EMERGENCY MEDICAL CARE IN CHAPTER 74: SUBSTANTIVE DEFINITIONS AND INTERPRETIVE QUANDARIES Patrick Luff,* Bill Liebbe,** Jay Harvey,** and Jack McGehee I. DEFINING EMERGENCY MEDICAL CARE.......... .............. 787 A. Texas Canons of Statutory Construction ......... .........788 B. Interpreting § 74.001(a) (7) ................... ............790 II. CASES APPLYING § 74.153 ................................... 795 A. Failure to Provide Emergency Services ............ ...... 796 B. Location of Treatment....................... ....... 800 III. PRACTICAL APPLICATIONS OF § 74.153 ..................... 803 A. Respiratory Arrest .......................... ......... 803 B. Suspected Myocardial Infarction ............................... 804 C. Abdominal Pain ................................... 805 D. The Stable Medical or Traumatic Condition ........ ....... 805 IV. EMERGENCY MEDICAL CARE AND STATUTORY JURY INSTRUCTIONS .......................................... 806 A. Substantive Definitions Affecting Jury Instructions in Emergency Medical Care........................ 806 B. The Interpretive Dilemma Created by § 74.154... ......... 807 C. Proposed Solutions ........................... ..... 808 V. CONCLUSION ....................................... ..... 809 Chapter 74 of the Texas Civil Practice and Remedies Code contains the majority of the procedural and substantive provisions in Texas law affecting * Patrick Luff is an associate at Winckler & Harvey, L.L.P., and a former professor of law at Washington & Lee University School of Law, Sandra Day O'Connor College of Law - Arizona State University, and the University of Oklahoma College of Law. The authors thank Glenn Cunningham and Zoe Taylor for their editing assistance. ** Bill Liebbe is a solo practitioner who has represented patients and their families in medical malpractice cases since 1987. He is a past President of the Dallas Trial Lawyers Association, has been board certified in personal injury law by the Texas Board of Legal Specialization continuously since 1987, and has been recognized as a Texas Super Lawyer in Plaintiffs Medical Malpractice by Thomson Reuters Service every year since 2005. *** Jay Harvey is a partner at Winckler & Harvey, L.L.P. He is a past President of the Texas Trial Lawyers Association, is board certified in personal injury law by the Texas Board of Legal Specialization, and is a fellow of the American College of Trial Lawyers. **** Jack McGehee is a partner at McGehee, Chang, Landgraf. He is a past President of the Texas Trial Lawyers Association, is board certified in personal injury law by the Texas Board of Legal Specialization, is a member of the American Board of Trial Advocates, and has taught courses in trial advocacy at the University of Houston Law Center and Emory Law School. 785

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