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

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a new trial on the mother’s mental‑anguish damages, holding that she may recover such damages as a personal injury under Krishnan but must prove them, and that neither parent may recover as a bystander to the loss of the fetus. The Court also held that the hospital authority is a unit of local government subject to the Tort Claims Act’s local‑government liability caps and that settlement offsets must be applied before the cap reduction. Justice Gonzalez dissented, arguing for a wrongful‑death cause of action for the fetus and for bystander recovery by the father; Justice Abbott concurred in the judgment but would overrule Witty to allow wrongful‑death recovery.