(Download) "Geneva Mckinley Et Vir. v. W. Dennis Stripling" by First District, Houston Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Geneva Mckinley Et Vir. v. W. Dennis Stripling
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 11, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The question presented is must the trial court ask a "proximate cause" issue to the jury in a medical malpractice informed consent case. No such instruction was requested by the plaintiffs, Geneva and Albert McKinley, and none was given to the jury. Based on the jury verdict, judgment was rendered for the plaintiffs against the defendant, Dr. Dennis Stripling. The court of appeals reversed the trial courts judgment and held that the trial courts failure to submit a proximate cause issue was error. 746 S.W.2d 502. The court of appeals also held that McKinleys failure to submit such an issue waived her right to recover on the claim. We affirm.