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

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that a trial court must submit a proximate cause issue to the jury in an informed‑consent negligence case and that a plaintiff’s refusal to submit such an issue waives the right to recover. Justice Mauzzy dissented, arguing that the statutory cause of action eliminates the need for a proximate‑cause issue.