Texas Civil Practice & Remedies Code § 74.001 – Key Legal Terms for Health Care Liability
Table of Contents
Statutory Text:
§ 74.001 provides critical definitions used throughout Chapter 74, which governs health care liability claims (medical malpractice cases) in Texas. Key terms include:
“Claimant” – A person, including a decedent’s estate, seeking recovery for a health care liability claim.
“Health care liability claim” – A cause of action against a health care provider or physician for treatment, lack of treatment, or other departure from accepted standards of care, safety, or health care administration.
“Medical care” – Any act related to diagnosing, treating, or evaluating a medical condition or injury.
“Health care provider” – Includes physicians, nurses, hospitals, ambulatory surgical centers, home health agencies, and others licensed to provide medical services.
“Representative” – Includes legal guardians and others authorized to act for a claimant.
“Safety” – Includes all aspects of patient safety within the context of health care.
Why Are These Definitions Important?
The definitions in § 74.001 are the foundation of medical malpractice law in Texas. Whether a case qualifies as a “health care liability claim” determines:
What procedures must be followed (e.g., expert report deadlines)
Whether caps on damages apply
Whether certain defenses or immunities can be raised
Example Scenario
A patient sues a hospital after falling from a bed.
If the claim involves allegations of unsafe care within a health care setting, it may be classified as a health care liability claim under § 74.001—triggering Chapter 74’s special rules and deadlines.
How Courts Use § 74.001
Texas courts rely on § 74.001 to determine:
Whether a lawsuit is subject to Chapter 74
Whether expert reports are required (per § 74.351)
Whether the claim fits within the statutory cap on non-economic damages (per § 74.301)
Related Statutes
§ 74.051 – Notice of Claim Requirement
§ 74.351 – Expert Report Requirement
§ 74.301 – Damages Cap in Medical Malpractice Cases
Texas Case Law Interpreting § 74.001
The Texas Supreme Court held that not every claim filed against a physician or hospital is a health care liability claim. Courts must examine substance over labels.
Held that safety-related claims involving patient care in a hospital fall within the definition of a health care liability claim, even if not directly tied to treatment.
Frequently Asked Questions About § 71.002
Houston Personal Injury Lawyer - Joel A. Gordon
A legal claim against a physician or health care provider arising from a breach in accepted standards of medical care, health care, or safety.
Doctors, nurses, hospitals, home health agencies, and any person or entity licensed to provide health care services.
You must comply with Chapter 74 procedures, including filing an expert report within 120 days of filing the lawsuit, and are subject to damage caps.
It depends. If the fall involves allegations about health care or patient safety, it may be categorized as a health care liability claim under § 74.001.