Legal Opinion
Jelinek v. Casas
Texas Supreme Court
Decided December 3, 2010No. 08-1066PublishedCited by 506 opinions
1Opinion of the CourtJustice Guzman
in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice JOHNSON, and Justice WILLETT joined, and in which Chief Justice JEFFERSON, Justice GREEN, and Justice LEHRMANN joined as to Parts I and II.A.
When circumstantial evidence is consistent with several possible medical conclusions, only one of which establishes that the defendant’s negligence caused the plaintiffs injury, an expert witness must explain why, based on the particular facts of the case, that conclusion is medically superior to the others. If the expert fails to give any reason beyond an unsupported opinion, the…
2Cases cited23 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
- Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
- Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by506 opinions
- Hacker, Anthony WayneCourt of Criminal Appeals of Texas · 2013
- Debra C. Gunn, M.D., Obstetrical and Gynecological Associates, P.A., and Obstetrical and Gynecological Associates P.L.L.C. v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated PersonTexas Supreme Court · 2018
- Natural Gas Pipeline Co. of America v. JustissTexas Supreme Court · 2012
- Marcela and Jose Bustamante, as Next Friends of D.B. v. Enrique N. Ponte, Jr., M.D. and Pediatrix Medical Services, Inc.Texas Supreme Court · 2017
- Van Ness v. ETMC First PhysiciansTexas Supreme Court · 2015
501 more not listed; retrieve them via the Exa API.