McKinley v. Stripling

SPEARS, Justice.

The question presented is must the trial court ask a “proximate cause” issue to the jury in a medical malpractice informed consent case. No such instruction was requested by the plaintiffs, Geneva and Albert McKinley, and none was given to the jury. Based on the jury verdict, judgment was rendered for the plaintiffs against the defendant, Dr. Dennis Stripling. The court of appeals reversed the trial court’s judgment and held that the trial court’s failure to submit a proximate cause issue was error. 746 S.W.2d 502. The court of appeals *408also held that McKinley’s failure to…