Summary
The Texas Court of Appeals, Eighth District, affirmed a judgment awarding damages in a medical malpractice wrongful-death and survival action against Las Palmas Medical Center. The court held that evidence of the decedent's agonal breathing, together with expert testimony, was legally sufficient to support the jury's finding that she consciously experienced physical pain and mental anguish before her death.
Holdings
- Evidence that Carmen Rodriguez was trying to breathe and experiencing agonal respirations, together with expert testimony that those circumstances indicated consciousness and pain, was legally sufficient to support the jury's award of damages for conscious physical pain and mental anguish.
Questions Presented
- Whether the evidence was legally sufficient to establish that Carmen Rodriguez was conscious for purposes of an award of damages for conscious physical pain.
- Whether the evidence was legally sufficient to establish that Carmen Rodriguez was conscious for purposes of an award of damages for mental anguish.
Disposition
affirmed
Cases Cited (6)
- City of Keller v. Wilson, 168 S.W.3d 802, 810-11, 819-22, 827 (Tex. 2005)(followed)
- SunBridge Healthcare Corp. v. Penny, 160 S.W.3d 230, 248 (Tex. App.—Texarkana 2005, no pet.)(followed)
- Lee Lewis Construction, Inc. v. Harrison, 64 S.W.3d 1, 14 (Tex. App.—Amarillo 1999), aff'd, 70 S.W.3d 778 (Tex. 2001)(followed)
- Wellborn v. Sears, Roebuck & Co., 970 F.2d 1420, 1428 (5th Cir. 1992)(followed)
- Yanez v. Byrnes, 480 S.W.2d 241, 244 (Tex. Civ. App.—El Paso 1972, no writ)(followed)
- Phillips v. Bramlett, 258 S.W.3d 158, 172 (Tex. App.—Amarillo 2007, pet. granted)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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