Terms Used In Texas Civil Practice and Remedies Code Chapter 74 > Subchapter A - General Provisions

• Affiliate: means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. See Texas Civil Practice and Remedies Code 74.001
• 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
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Control: means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the person, whether through ownership of equity or securities, by contract, or otherwise. See Texas Civil Practice and Remedies Code 74.001
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means any federal or state court. See Texas Civil Practice and Remedies Code 74.001
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Disclosure panel: means the Texas Medical Disclosure Panel. See Texas Civil Practice and Remedies Code 74.001
• Emergency medical services provider: means a licensed public or private provider to which Chapter 773, Health and Safety Code, applies. See Texas Civil Practice and Remedies Code 74.001
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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 institution: includes :
  (A) an ambulatory surgical center;
  (B) an assisted living facility licensed under Chapter 247, Health and Safety Code;
  (C) an emergency medical services provider;
  (D) a health services district created under Chapter 287, Health and Safety Code;
  (E) a home and community support services agency;
  (F) a hospice;
  (G) a hospital;
  (H) a hospital system;
  (I) an intermediate care facility for individuals with an intellectual disability or a home and community-based services waiver program for individuals with an intellectual disability adopted in accordance with Section 1915(c) of the federal Social Security Act (42 U. 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
• Home and community support services agency: means a licensed public or provider agency to which Chapter 142, Health and Safety Code, applies. See Texas Civil Practice and Remedies Code 74.001
• Hospice: means a hospice facility or activity to which Chapter 142, Health and Safety Code, applies. 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
• Hospital system: means a system of hospitals located in this state that are under the common governance or control of a corporate parent. See Texas Civil Practice and Remedies Code 74.001
• Intermediate care facility for individuals with an intellectual disability: means a licensed public or private institution to which Chapter 252, Health and Safety Code, applies. 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
• Nursing home: means a licensed public or private institution to which Chapter 242, Health and Safety Code, applies. See Texas Civil Practice and Remedies Code 74.001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Pharmacist: means one licensed under Chapter 551, Occupations Code, who, for the purposes of this chapter, performs those activities limited to the dispensing of prescription medicines which result in health care liability claims and does not include any other cause of action that may exist at common law against them, including but not limited to causes of action for the sale of mishandled or defective products. See Texas Civil Practice and Remedies Code 74.001
• 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
• Professional or administrative services: means those duties or services that a physician or health care provider is required to provide as a condition of maintaining the physician's or health care provider's license, accreditation status, or certification to participate in state or federal health care programs. See Texas Civil Practice and Remedies Code 74.001
• Rule: includes regulation. See Texas Government Code 311.005
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.