MILLER EX REL. MILLER v. HCA, INC.

No. 01-0079.

118 S.W.3d 758 (2003)

Sidney Ainsley MILLER, by and Through Her Next Friend Karla H. MILLER, and Karla H. Miller and J. Mark Miller, Individually v. HCA, INC., HCA-Hospital Corporation of America, Hospital Corporation of America and Columbia/HCA Healthcare Corporation.

Supreme Court of Texas.

Decided September 30, 2003.

Rehearing Denied November 21, 2003.


Attorney(s) appearing for the Case

David Keltner, Fort Worth, Michael D. Sydow, Sydow, Kormanik, Carrigan, L.L.P., Houston, Murray Fogler, McDade Fogler Maines, L.L.P., Houston, Karen S. Precella, Haynes & Boone, L.L.P., Fort Worth, for petitioners.

Marc O. Knisely, Patricia D. Pope, McGinnis Lochridge & Kilgore, L.L.P., Austin, Richard L. Rothfelder, Michael C. Falick, Rothfelder & Falick, L.L.P., Houston, Mike A. Hatchell, Molly H. Hatchell, Hatchell P.C., Tyler, John S. Serpe, Richard A. Sheehy, Sheehy, Serpe & Ware, P.C., Houston, Shannon H. Ratliff, Ratliff Law Firm, P.L.L.C., Austin, for respondents.


Justice ENOCH delivered the opinion of the Court.

The narrow question we must decide is whether Texas law recognizes a claim by parents for either battery or negligence because their premature infant, born alive but in distress at only twenty-three weeks of gestation, was provided resuscitative medical treatment by physicians at a hospital without parental consent. The court of appeals, with one justice dissenting, held that neither claim could be maintained as a...

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