Stephen C. Kramer

Summary

The Texas Supreme Court held that Texas law does not permit recovery for a lost chance of survival in medical malpractice cases under the Wrongful Death Act, the Survivorship Statute, or any common law cause of action, and therefore affirmed the appellate court's judgment. The Court rejected adopting the loss‑of‑chance doctrine, emphasizing traditional causation standards. Justice Hightower dissented, arguing that the doctrine should be adopted and that the majority’s approach is overly restrictive. The dissent also proposed a separate‑injury approach and a jury‑valuation method for damages.