For the purposes of this chapter:
(1) "Health care liability claim" means a cause of
action against a licensee for treatment, lack of treatment, or other
claimed departure from accepted standards of medical or health care
or safety that proximately results in injury to or death of a patient,
whether the patient's claim or cause of action sounds in tort or contract.
This definition is consistent with Texas Civil Practices and Remedies
Code §74.001(a)(13) (relating to medical liability).
(2) "Complaint" means a petition or complaint filed
as a lawsuit on a health care liability claim.
(3) "Settlement" means:
(A) a payment made by or on behalf of a licensee on
a health care liability claim on which no lawsuit has been filed;
(B) an agreement to settle a lawsuit on a health care
liability claim for a specified amount to be paid by or on behalf
of a licensee;
(C) a dismissal or non-suit of a lawsuit on a health
care liability claim with no payment; and
(D) a final judgment in a lawsuit on a health care
liability claim entered by the trial court.
(4) "Insurer" means any entity that provides health
care liability coverage to a licensee and is not limited to insurance
companies that are regulated by the Texas Department of Insurance.
(5) "Nonadmitted insurer" means an insurance company
that is not admitted to do business in Texas, does business on a surplus
lines basis, and is not otherwise subject to regulation by the Texas
Department of Insurance.
(6) "Physician" means any person licensed to practice
medicine in this state, including interns, residents, physicians acting
as supervising physicians, on-call physicians, consulting physicians,
and physicians who administer, read, or interpret laboratory tests,
x-rays, and other diagnostic studies.
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| Source Note: The provisions of this §176.1 adopted to be effective January 8, 2004, 29 TexReg 97; amended to be effective September 20, 2007, 32 TexReg 6314; amended to be effective May 17, 2015, 40 TexReg 2534 |
