Legal Opinion
Flax v. McNew
Texas Court of Appeals, 10th District (Waco)
Decided April 12, 1995No. 10-94-209-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
VANCE, Justice.
We must decide what types of damages, if any, are recoverable when a “wrongful pregnancy” results from medical negligence in performing a sterilization procedure. Texas courts recognize a claim for “wrongful birth” when a child with birth defects is born as a result of medical negligence; they do not, however, allow parents to recover the financial expenses for education and maintenance that result from the birth of a normal, healthy child. Compare Jacobs v. Theimer, 519 S.W.2d 846 (Tex. 1975), with Terrell v. Garcia, 496 S.W.2d 124 (Tex.Civ.App.—San Antonio 1973, writ…
2Cases cited30 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- State Farm Fire & Casualty Co. v. S.S.Texas Supreme Court · 1993
- Swilley v. HughesTexas Supreme Court · 1972
- San Jacinto River Authority v. DukeTexas Supreme Court · 1990
- Harbeson v. Parke-Davis, Inc.Washington Supreme Court · 1983
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3Cited by5 opinions
- Crawford v. Kirk, Texas Court of Appeals, 6th District (Texarkana)1996
- Hardin v. Obstetrical & Gynecological Associates P.A.Court of Appeals of Texas · 2017
- Joseph Pressil v. Jason A. Gibson, Jason A. Gibson, P.C. D/B/A the Gibson Law Firm, Clifford D. Peel, II, and Andrew C. Smith'sCourt of Appeals of Texas · 2015
- Naugle v. Theard, Texas Court of Appeals, 8th District (El Paso)1995
- Michiel R. Noe, M.D., Individually and D/B/A Sun City Women's Health Care v. Grissel A. VelascoTexas Supreme Court · 2024