Supreme Court Confirms Appellate Court Medical Malpractice Decision
Supreme Court Confirms Appellate Court Medical Malpractice DecisionSupreme Court Confirms Appellate Court Medical Malpractice Decision https://www.cmzlaw.net/wp-content/themes/corpus/images/empty/thumbnail.jpg 150 150 CMZ Law Lufkin/Houston https://www.cmzlaw.net/wp-content/themes/corpus/images/empty/thumbnail.jpg
Recently, the Supreme Court of Texas upheld a decision by the Court of Appeals for the 14th District of Texas regarding a medical malpractice case over the death of a woman, confirming that the evidence of causation was legally sufficient.
The Treatment of Shannon McCoy
Shannon McCoy suffered brain damage and quadriplegia after experiencing pre- and post-delivery complications in September 2004. She was admitted to the Hospital of Texas to give birth to her first child. McCoy’s baby had died in utero from
The Trial Court Decision
In an 11-1 verdict, the trial court granted McCoy’s no-evidence motion for summary judgment. The jury ruled in favor of McCoy, agreeing with the fact of Gunn’s negligence, and he was awarded $10.6 million in damages for past and future medical expenses. The Court found that OGA and Gunn were both jointly and severally liable.
The Appellate Court Decision
Gunn and OGA appealed the decision, and in December 2015, the appellate court finding that there was not
The Supreme Court Decision
In May 2017, the OGA filed a petition for review with the Texas Supreme Court. The Supreme Court only affirmed the Appellate Court’s ruling that there was not
All in all, the Court held: