Helping Trial Lawyers Navigate the Appellate System

Texas Supreme Court Orders & Opinion 6/22/07

The Texas Supreme Court issued a single per curiam decision with today’s orders.

In Schaub v. Sanchez, the Court held that a patient’s mere lack of consent to a medical procedure did not support a cause of action for lack of informed consent under the former Medical Liability Act (now codified at Chapter 74 of the Civil Practice and Remedies Code) because that statute applies only if a doctor negligently fails to disclose the procedure’s risks or hazards to the patient.  Here, the plaintiff did not complain that she was unaware of the risks or hazards; indeed, she had undergone the same procedure twice before.  The plaintiff might have had a battery or negligence claim, but those claims were dismissed by agreed order and were not before the Court.  Accordingly, the Court rendered judgment that the plaintiff take nothing.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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