Brandt v. Surber

With respect to Dr. Burke’s first issue presented, I would hold that the evidence is legally insufficient to prove the standard of care and breach of that standard. With respect to Dr. Zane’s seventh issue presented, I would hold that the record demonstrates prima facie harm. Accordingly, I respectfully dissent.

I. Background

Twenty-six years old at the time, Mr. Surber presented to Dr. Brandt with advanced, progressive sinus disease that by that time had led to blindness in one eye. After a CT scan and an MRI, Mr. Surber *136underwent surgery for, in part, removal of diseased tissue and polyps to…