Gaut v. Quast

COULSON, Justice.

This is a medical malpractice suit in which judgment was entered on the verdict against appellant George R. Gaut, plaintiff below, and for appellees, Drs. D. C. Quast and J. C. McKechnie.

The question here is whether a plaintiff is entitled to the submission of special issues on fraud independently of his issues on informed consent when a doctor has allegedly misrepresented the results of medical tests in order to induce the plaintiff to consent to surgery.

Appellant sustained a fall and approximately one week later began suffering from nausea, vomiting, and back pains. His…