FELTON v. LOVETT

No. 11-0252.

388 S.W.3d 656 (2012)

Aaron FELTON, Petitioner, v. Brock LOVETT, D.C., Respondent.

Supreme Court of Texas.

Decided November 30, 2012.


Attorney(s) appearing for the Case

Ronald D. Nickum , Amarillo, TX, for Baptist St. Anthony's Hospital.

Charles Dunn , Law Office of Charles Dunn, Lubbock, TX, Cynthia Hollingsworth, Nona Bowles Walker , Hollingsworth Walker LLP, Dallas, TX, for Aaron Felton.

Barry D. Peterson , Liberty Dawn Lay , Peterson Farris & Parker, P.C., Amarillo, TX, Scott P. Stolley , Thompson & Knight LLP, Dallas TX, for Brock Lovett, D.C.


Justice HECHT delivered the opinion of the Court.

Health care must be based on a patient's informed consent. A health care provider may be liable for failing to disclose to a patient the risks inherent in proposed treatment. The issue in this case is whether the possibility that a patient, due to an undetectable physical condition, will suffer a severe, negative reaction to a procedure is a risk that is inherent in the procedure. We hold that it is and therefore reverse...

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