Franka v. Velasquez

In Kassen v. Hatley, we held that government-employed medical personnel were not entitled to the defense of official immunity when sued individually for the negligent exercise of purely medical judgment. 887 S.W.2d 4, 11 (Tex.1994). Recognizing that medical decisions were typically unrelated to governmental discretion, we concluded that public-sector patients should have the same rights as private-sector patients when only medical judgment was at issue. Id. 11-12. Today, the Court abandons that principle, not because Kassen was wrongly decided, but because the Legislature has amended section…