Mata v. Albert

McCLOUD, Chief Justice.

This is a medical malpractice case. Plaintiff, Silvestre Mata, sued defendant, Dr. Richard 0. Albert, a general surgeon, alleging he was injured as a result of defendant’s negligent acts in performing disc surgery and a lumbar spinal fusion on plaintiff. In answer to Special Issue 1, the jury found that defendant did not “fail to use ordinary care” in the treatment of Mata in either the “disc exploration portion of the operation” or the “fusion portion of the operation.” The jury was instructed that “ordinary care” means what a doctor of ordinary prudence from the same…