28 Texas opinions name it 3 courts 1977–2023 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mitchell v. Stategreen2 sentences2016Perez, 310 S.W.3d at 893 ; Mitchell v. State, 68 S.W.3d 640, 642 (Tex.Crim.App. 2002). 2015Perez, 310 S.W.3d at 893 ; Mitchell v. State, 68 S.W.3d 640, 642 (Tex.Crim.App. 2002). | 8 | 8 |
Menefield v. Stategreen2 sentences2018See Menefield, 363 S.W.3d at 593 ; see also Miles, 2012 WL 2357449 , at *4. 2012See Menefield, 363 S.W.3d at 593 . | 2 | 2 |
Murphy v. Russellgreen2 sentences2006See Murphy v. Russell , 167 S.W.3d 835 , 838–39 (Tex. 2005) (holding that statute requires that claims that might involve a health care standard of care will be subject to 4590i). 2006See Murphy v. Russell, 167 S.W.3d 835, 838-39 (Tex.2005) (holding that statute requires that claims that might involve a health care standard of care will be subject to 4590i). | 2 | 2 |
Sullivan v. Tex. Ethics Comm'ngreen1 sentence2019See generally id. | 1 | 1 |
Whiteside v. Luksongreen1 sentence2015App. 109 , 947 P.2d 1263, 1265 (Wash. Ct. App. 1997). 7 Prior to 1972, virtually all jurisdictions recognizing the informed consent doctrine used the traditional or professional rule. | 1 | 1 |
Clark v. TIRR Rehabilitation Centergreen1 sentence2013Code Ann. § 74.001 (13) (defining health care liability claim as ―a cause of action . . . [for a] claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care‖); see also Clark, 227 S.W.3d at 262–64; Oak Park, Inc. v. Harrison, 206 S.W.3d 133, 139 (Tex. App.—Eastland 2006, no pet.) (holding that allowing dangerous patient to remain in same room as another patient was governed by accepted standards of medical care, health care, and safety rather than by ordinary negligence). 11 The core rationale | 1 | 1 |
Oak Park, Inc. v. Harrisongreen1 sentence2013Code Ann. § 74.001 (13) (defining health care liability claim as ―a cause of action . . . [for a] claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care‖); see also Clark, 227 S.W.3d at 262–64; Oak Park, Inc. v. Harrison, 206 S.W.3d 133, 139 (Tex. App.—Eastland 2006, no pet.) (holding that allowing dangerous patient to remain in same room as another patient was governed by accepted standards of medical care, health care, and safety rather than by ordinary negligence). 11 The core rationale | 1 | 1 |
Brown v. Stategreen1 sentence2009See Brown v. State , 183 S.W.3d 728, 741 (Tex. App. C Houston [1st Dist.] 2005, pet. ref = d) (citing Moraguez v. State , 701 S.W.2d 902, 904 (Tex. Crim. | 1 | 1 |
Moraguez v. Stategreen1 sentence2009See Brown v. State , 183 S.W.3d 728, 741 (Tex. App. C Houston [1st Dist.] 2005, pet. ref = d) (citing Moraguez v. State , 701 S.W.2d 902, 904 (Tex. Crim. | 1 | 1 |
Stearnes v. Clintongreen1 sentence1991Stearnes v. Clinton, 780 S.W.2d 216, 222 (Tex.Crim.App.1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Perez v. State
green
2 sentences2016Perez, 310 S.W.3d at 893 ; Mitchell v. State, 68 S.W.3d 640, 642 (Tex.Crim.App. 2002). 2015Perez, 310 S.W.3d at 893 ; Mitchell v. State, 68 S.W.3d 640, 642 (Tex.Crim.App. 2002). | 3 | 2015–2016 |
Romano v. II Morrow, Inc.
green
2 sentences2023The Court finds that the presence of the observer would lend a degree of artificiality to the examination that would be inconsistent with the applicable professional standard. 11 173 F.R.D. 271 , 273–74 (D. 2019The Court finds that the presence of the observer would lend a degree of artificiality to the examination that would be inconsistent with the applicable professional standard. 173 F.R.D. 271 , 273–74 (D. | 2 | 2019–2023 |
Diversicare General Partner, Inc. v. Rubio
green
2 sentences2006Although we are not bound by the language of the pleading, Diversicare , No. 02-0849, 2005 WL 2585490, at *3 , we need look no further than Marine’s first amended petition in this case to determine the underlying nature of the claim, because Marine expressly alleged a departure from accepted standards of medical and health care: “failing to exercise ordinary care and diligence exercised by other physicians and health care providers in the same or similar circumstances.” Furthermore, Marine may not recast claims that affect a professional standard of care to avoid the procedural requirements of 2006Athough we are not bound by the language of the pleading, Diversicare, 185 S.W.3d at 847 , we need look no further than Marine’s first amended petition in this case to determine the underlying nature of the claim, because Marine expressly alleged a departure from accepted standards of medical and health care: “failing to exercise ordinary care and diligence exercised by other physicians and health care providers in the same or similar cir *151 cumstances.” Furthermore, Marine may not recast claims that affect a professional standard of care to avoid the procedural requirements of former articl | 2 | 2006–2006 |
Huckabee v. Time Warner Entertainment Co.
green
2 sentences2005Assuming this expert testimony should be considered, evidence that the article was written “from a particular point of view, even when [the article is] hard-hitting or sensationalistic, is no evidence of actual malice.” Huckabee , 19 S.W.3d at 425 . 2005Assuming this expert testimony should be considered, evidence that the article was written “from a particular point of view, even when [the article is] hard-hitting or sensationalistic, is no evidence of actual malice.” Huckabee, 19 S.W.3d at 425 . | 2 | 2005–2005 |
Johnston v. Sibley
green
2 sentences1999“His duty to use a professional standard of care in making the examination and in preparing the report runs only to the party requesting it.” Id. at 138 . 1992His duty to use a professional standard of care in making the examination and in preparing the report runs only to the party requesting it. 558 S.W.2d at 137-38 . | 2 | 1992–1999 |
Willis v. Bender
green
2 sentences2015In 1972, two cases adopted the prudent patient Page 13 596 F.3d 1244 , *; 2010 U.S. App. LEXIS 4531 , ** standard in measuring the physician's duty to disclose. 2015In 1972, two cases adopted the prudent patient Page 13 596 F.3d 1244 , *; 2010 U.S. App. LEXIS 4531 , ** standard in measuring the physician's duty to disclose. | 1 | 2015–2015 |
Angela Cornejo and Carlos Portillo v. Stephen J. Hilgers, M.D.
green
2 sentences2015I note that, in stating the standard of care, breach, and causation, “[n]o particular words or formality are required,” and Dr. Dlabal’s report offers much more than “bare conclusions.” See Scoresby, 346 S.W.3d at 556 ; Cornejo, 446 S.W.3d at 123 . 2015I note that, in stating the standard of care, breach, and causation, “[n]o particular words or formality are required,” and Dr. Dlabal’s report offers much more than “bare conclusions.” See Scoresby, 346 S.W.3d at 556 ; Cornejo, 446 S.W.3d at 123 . | 1 | 2015–2015 |
Robert Navarro & Associates Engineering, Inc. and Bath Engineering Corporation v. Flowers Baking Co. of El Paso, LLC
green
1 sentence2015The court of appeals agreed, explaining: [T]he statutory language does not allow for collective assertions of negligence: It cannot be presumed that anytime two defendants are accused of similar conduct that valid claims exist against both of them—if such claims indeed exist, the expert must actually say so, and do so in the form of positive averments made under oath. 7 Id. at 482 ; see also Siemens Energy, 2014 WL 2531577 , at *10 (“Because the affidavits at issue did not clearly indicate that one particular defendant was involved in a particular professional error, the trial courts abused th | 1 | 2015–2015 |
Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a Minor
green
2 sentences2015I note that, in stating the standard of care, breach, and causation, “[n]o particular words or formality are required,” and Dr. Dlabal’s report offers much more than “bare conclusions.” See Scoresby, 346 S.W.3d at 556 ; Cornejo, 446 S.W.3d at 123 . 2015I note that, in stating the standard of care, breach, and causation, “[n]o particular words or formality are required,” and Dr. Dlabal’s report offers much more than “bare conclusions.” See Scoresby, 346 S.W.3d at 556 ; Cornejo, 446 S.W.3d at 123 . | 1 | 2015–2015 |
Thompson v. State
green
1 sentence2012Thompson, 9 S.W.3d at 813 . | 1 | 2012–2012 |
Garcia v. State
green
1 sentence2012Garcia, 57 S.W.3d at 440 . | 1 | 2012–2012 |
Lopez v. Aziz
green
1 sentence2003There is no evidence of any consensual basis for the existence of a physician-patient relationship arising out of that one telephone conversation.” Id. at 306 . | 1 | 2003–2003 |
Rogers v. Horvath
green
1 sentence1977Keene v. Wiggins, supra; Rogers v. Horvath, supra. The trial court properly disposed of the matter by summary judgment. | 1 | 1977–1977 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.