Welch v. McLean

OPINION ON REHEARING

JOHN CAYCE, Chief Justice.

We withdraw our opinion and judgment of March 25, 2004 and substitute the following in their place. We grant Simeon Eden McLean’s motion for rehearing 1 and deny his motion for en banc rehearing.

Introduction

In this medical malpractice case, the primary issues we must decide are whether the evidence is legally and factually sufficient to support the jury’s verdict that Robert Morrow Welch, M.D.’s failure to diagnose pulmonary emboli in Delores McLean on April 24, 1996 was a proximate cause of her death from a massive pulmonary embolus…