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Texas Supreme Court Rules against Family based on Causation Issue


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10/25/2022
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The Texas Supreme Court rules that Claimant Failed to Prove But-For Causation

In a health-care liability case, a teen committed suicide and suit was brought because the teen had sought treatment for depression from her pediatric health-care providers. The expert testimony at trial established the medical providers’ negligence, but it did not establish that, but for the negligence, the teen would not have committed suicide. In affirming the judgment for the teen’s family, the court of appeals incorrectly omitted an analysis of but-for causation according to the Texas Supreme Court. Because the evidence did not establish but-for causation in the opinion of the Texas Supreme Court, the court ruled the family takes nothing in the lawsuit.

Read the opinion here:  Pediatrics Cool Care v. Thompson, 65 Tex. Sup. Ct. J. __ (May 13, 2022) (2022 WL 1509741), rev’g 638 S.W.3d 218 (Tex. App.--Houston [14th Dist.] 2021).



Category: Medical Malpractice

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