Greene v. Thiet

BIERY, Justice.

Appellant’s motion for rehearing is denied. Our opinion of November 25, 1992 is modified to add footnote 1.

This summary judgment appeal presents the following issues:

a) the burden of a defendant-physician who moves for summary judgment on the causation elements in an informed consent case following the 1977 enactment of the Medical Liability and Insurance Improvement Act, Tex.Rev.Civ.Stat. Ann. art. 4590i, § 6.02 (Vernon Supp. 1992).

b) if causation is sufficiently negated, the burden on the plaintiff-patient to controvert with expert medical summary judgment evidence that the…