Galvan v. Downey

OPINION

CANNON, Justice.

This medical malpractice case comes to us on appeal from the trial court’s granting summary judgment in favor of appellee, Sally Downey, M.D. Appellants assert three points of error first claiming the trial court erred in granting summary judgment because a fact issue existed as to whether Dr. Downey had a duty to obtain informed consent. They also allege the trial court erred in granting a motion for mistrial after the first trial and failing to grant a motion to recuse. We affirm.

FACTS AND PRIOR POSTURE

Appellants, the Galvans, brought a medical malpractice claim…