Texas Supreme Court
Marcela and Jose Bustamante, as Next Friends of D.b., Petitioners v. Enrique N. Ponte, Jr., M.d. and Pediatrix…
September 29, 2017529 S.W.3d 447
Summary
The Texas Supreme Court held that the evidence was legally sufficient to support the jury’s finding that Dr. Ponte’s negligence more likely than not caused D.B.’s vision loss, applying the substantial‑factor test and rejecting the appellate court’s conclusion that the expert testimony was conclusory or that the ETROP study was inadmissible. The Court reversed the appellate judgment and remanded for further proceedings.