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High Court Weighs in After Judges Disagree on Damages, Negligence

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Medical Negligence? Failed Sterilization Leads to Birth, Defense Win for M.D. | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/05/10/high-court-weighs-in-after-judges-disagree-on-damages-negligence/

Justice Rebeca A. Huddle Texas Supreme Court Justice Rebeca A. Huddle questions the petitioner in Noe M.D. v. Velasco. Credit: SCOTx video archives.

NEWS

The Supreme Court took the case because the court had not addressed the validity of a claim for medical negligence that results in an unplanned pregnancy and birth of a healthy child, Justice Rebeca Huddle said.

May 10, 2024 at 05:56 PM

5 minute read

Adolfo Pesquera

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What You Need to Know

  • The Texas Supreme Court rejected damages claims of a woman who gave birth after a failed sterilization procedure, but said she missed a recovery opportunity.
  • In a case of first impression, the high court held certain alleged damages for the birth of a healthy baby are unrecoverable.
  • The court also ruled medical costs from negligence can be recovered if properly supported with evidence.

The Texas Supreme Court rejected damages claims of a woman who gave birth after a “failed” sterilization procedure, because the court said she missed a recovery opportunity.

In an opinion authored by Justice Rebeca A. Huddle, the high court agreed there was a medical malpractice negligence cause of action, but noted the plaintiff submitted no evidence for damages related to recovering medical expenses.

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