Edinburg Hospital Authority D/b/a Edinburg General Hospital, Petitioner v. Shirley Treviño and Oscar Treviño…

Summary

The Texas Supreme Court held that the mother’s negligence claim was valid but she failed to prove mental anguish damages under Krishnan, that neither parent could recover as a bystander to the loss of the fetus, that the hospital authority is a unit of local government subject to the lower Tort Claims Act liability caps, and that settlement offsets must be applied before the statutory cap; the Court reversed the Court of Appeals in part, remanded for a new trial on the mother’s claim, and affirmed the rest. Justice Gonzalez dissented, arguing for wrongful‑death recovery for the fetus and a duty to the father, while Justice Abbott concurred in the judgment but expressed willingness to overrule Witty if the issue were raised.