Opinion

Edinburg Hospital Authority v. Treviño

  • 941 S.W.2d 76
  • 1997 WL 47912
Court
Texas Supreme Court
Filed
Apr 18, 1997
Status
Published
Author
Abbott
On the bench
Spector, Phillips, Hecht, Cornyn, Enoch, Owen, Baker, Gonzalez, Abbott, Spector'S, Court'S
Cited by
150 cases
Authority
More cited than 8.3%

holding that mother could recover mental anguish damages arising from loss of fetus when doctor’s negligence during delivery resulted in stillborn baby

How later courts described this case

  • holding that mother could recover mental anguish damages arising from loss of fetus when doctor’s negligence during delivery resulted in stillborn baby
  • holding municipal hospital authority created by city ordinance pursuant to Chapter 262 is a "unit of local government,” separate from municipality and subject to lower liability cap than municipality under Texas Tort Claims Act
  • declining, based on “policy concerns” to allow NIED claims based upon medical negligence because “[a] bystander may not be able to distinguish between medical treatment that helps the patient and conduct that is harmful”
  • holding that “Texas’[s] bystander cause of action precludes bystander recovery in medical malpractice cases”

Written by the judges who cited it.

The opinion

ABBOTT, Justice,

concurring.

I join Parts I, III, and IV of the Court’s opinion. I also join Justice Hecht’s concurring opinion holding that the Edinburg Hospital Authority is a unit of local government subject to the liability limits imposed by section 101.023(b) of the Texas Civil Practice and Remedies Code. I do not join Part II of the Court’s opinion. Instead, for the reasons articulated in Part I of Justice Gonzalez’s dissenting opinion in this case and in Justice Kilgarlin’s dissent in Witty v. American Gen. Capital Distribs., Inc., 727 S.W.2d 503, 506 (Tex.1987), I would be inclined to overrule Witty and allow recovery for the wrongful death of a fetus. However, the Trevifios have not made any argument to this Court that Witty should be overruled. Accordingly, based on the arguments presented to us by the parties, I concur in the Court’s judgment as to Part II.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.