Kramer v. Lewisville Memorial Hospital

OPINION

PHILLIPS, Chief Justice.

The principal issue presented in this case is whether Texas permits recovery for lost chance of survival or cure in medical malpractice cases; that is, whether there is liability for negligent treatment'that decreases a patient’s chance of avoiding death or other medical conditions in cases where the adverse result probably would have occurred anyway. We hold that such recovery is not authorized by the Texas Wrongful Death Act, Tex.Civ.PRAC. & Rem. Code §§ 71.002 & 71.004, and should not be permitted under the Texas Survivorship Statute, Tex.Civ.Prac. & Rem.Code…