McKINLEY v. STRIPLING

No. C-7426.

763 S.W.2d 407 (1989)

Geneva McKINLEY et vir., Petitioners, v. W. Dennis STRIPLING, M.D., Respondent.

Supreme Court of Texas.

January 11, 1989.


Attorney(s) appearing for the Case

Bonnie Wulff, Wulf & Kaplan, John E. Collins, Dallas, for petitioners.

Deborah G. Hardwick, Thompson & Knight, Dallas, for respondent.


SPEARS, Justice.

The question presented is must the trial court ask a "proximate cause" issue to the jury in a medical malpractice informed consent case. No such instruction was requested by the plaintiffs, Geneva and Albert McKinley, and none was given to the jury. Based on the jury verdict, judgment was rendered for the plaintiffs against the defendant, Dr. Dennis Stripling. The court of appeals reversed the trial court's judgment and held that the trial court's...

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