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Keywords

negligencestatutemalpracticecommon law

defendantnegligenceliabilitystatuteappealmalpracticecommon law

Related Cases

Kramer v. Lewisville Memorial Hosp., 858 S.W.2d 397

Facts

Jennie Kramer visited her gynecologist, Dr. Bruce Eich, in August 1985 due to unusual discharges and bleeding. After a pap smear, the hospital's cytotechnologist and a pathologist found no signs of cancer. Despite ongoing symptoms, subsequent doctors also diagnosed her condition as normal until she was finally diagnosed with cervical cancer in February 1986. The Kramers sued the hospital and other medical professionals, claiming negligence in failing to detect the cancer earlier, which they argued significantly reduced Jennie's chance of survival.

Jennie Kramer was the wife of Stephen Kramer and the mother of Geoffrey and Lyndsey Kramer. In August 1985, Ms. Kramer visited Dr. Bruce Eich, her gynecologist, because she was experiencing unusual discharges and intermittent bleeding a few days before and after her menstrual period.

Issue

The principal issue is whether Texas law allows recovery for the lost chance of survival in medical malpractice cases, specifically when the adverse outcome likely would have occurred regardless of the alleged negligence.

The principal issue presented in this case is whether Texas permits recovery for lost chance of survival or cure in medical malpractice cases; that is, whether there is liability for negligent treatment that decreases a patient's chance of avoiding death or other medical conditions in cases where the adverse result probably would have occurred anyway.

Rule

The court ruled that the Texas Wrongful Death Act does not permit recovery for lost chances of survival or cure, and such claims are not recognized under Texas common law or the Survivorship Statute.

We hold that such recovery is not authorized by the Texas Wrongful Death Act, Tex.Civ.Prac. & Rem.Code §§ 71.002 & 71.004, and should not be permitted under the Texas Survivorship Statute, Tex.Civ.Prac. & Rem.Code § 71.021, or under a separate common law cause of action.

Analysis

The court analyzed the evidence presented, noting that the Kramers' claim hinged on the assertion that the hospital's negligence reduced Jennie's chance of survival. However, the court found that the evidence did not establish a reasonable probability that the hospital's actions were the proximate cause of her death, as the adverse outcome was likely to occur regardless of the alleged negligence.

The evidence most favorable to the Kramers showed that the Hospital's conduct was a proximate cause of Ms. Kramer's death, while the evidence most favorable to the defendants showed that any negligence by the Hospital had only a 0 to 5 percent chance of affecting her chances of survival.

Conclusion

The Supreme Court of Texas affirmed the lower court's judgment, concluding that the Kramers were not entitled to recover for their claims of lost chance of survival under the Texas Wrongful Death Act.

Accordingly, we affirm the judgment of the court of appeals.

Who won?

Lewisville Memorial Hospital prevailed in the case because the court found that the Kramers failed to prove that the hospital's negligence was a proximate cause of Jennie Kramer's death.

The jury failed to find that Ms. Nightingale was negligent and, while it did find that Dr. Burgess and the Hospital were negligent, it failed to find that such negligence proximately cause Ms. Kramer's death.

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