Waggoner v. Gibson

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This is a medical malpractice case.

It is undisputed that the plaintiff, John Waggoner, suffered severe injuries — permanent brain damage that will leave him totally disabled for the rest of his life — as the result of events which took place during a “routine” operation on his knee in May of 1983. Through his father and guardian, Dennis Waggoner, he seeks substantial damages. 1

However, because of the Medical Liability and Insurance Improvement Act, Tex. Rev.Civ.Stat.Ann. art. 4590i, sections 11.-02-11.04 (Vernon Supp.1986) (“the Act”), Waggoner will…