Geneva McKinley, Petitioners v. W. Dennis Stripling, M.d., Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' reversal of the trial judgment, holding that a proximate cause issue must be submitted to the jury in an informed consent negligence case and that the plaintiff's failure to do so constitutes a waiver. The Court reasoned that the statutory cause of action remains subject to traditional negligence elements, including proximate cause, and that the inquiry must be objective. Justice Mauzzy dissented, arguing that the statutory scheme eliminates the need for a proximate cause issue and that the majority’s approach conflicts with legislative intent.