Texas Supreme Court

Anthony Wilson, Petitioner v. Frank E. Scott, Respondent

February 1, 196710 Tex. Sup. Ct. J. 187

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that in medical malpractice actions for failure to obtain informed consent the plaintiff must prove the applicable standard of care by expert testimony, and that sufficient evidence of the standard existed in this case. The Court also affirmed that such actions are malpractice, not assault or battery.