Donna Jacobo v. Nir S. Binur, M.D.

Jacobo v. Binur, et al

IN THE

TENTH COURT OF APPEALS

No. 10-00-322-CV

DONNA JACOBO,

Appellant

v.

NIR S. BINUR, M.D.,

Appellee

From the 172nd District Court

Jefferson County, Texas

Trial Court # E-155549

DISSENTING OPINION

Bad facts make bad law. This is such a case.

There is a difference between a medical malpractice case based on the failure to obtain “informed consent” and a case based on negligent diagnosis and recommended course of treatment. We should make that distinction in this case. As presented, the evidence in this case is about negligent diagnosis and recommended course of treatment, not…