Stephen C. Kramer

Summary

The Texas Supreme Court held that the Texas Wrongful Death Act, the Survivorship Statute, and Texas common law do not permit recovery for a lost chance of survival in medical malpractice cases, and therefore affirmed the Court of Appeals judgment. The Court rejected the loss‑of‑chance doctrine as contrary to the plain language of the statutes and affirmed the trial court’s refusal to submit the loss‑of‑chance issues to the jury. A dissent argued that the doctrine should be adopted.