Supreme Court of Texas

In a medical malpractice case in which both the physician and patient were doctors, a court of appeals ruling reversing a take-nothing judgment and remanding for new trial is reversed where, although laymen generally have no duty to volunteer information during medical treatment, plaintiff was not a layman and jurors judging his actions could consider his expertise, especially as he emphasized it throughout the trial. Consequently, as there was some evidence that plaintiff-psychiatrist failed to report a critical symptom when he should have, the jury's verdict for defendant is reinstated.

Appellate Information

• Argued 02/16/2006
• Decided 04/20/2007
• Published 04/20/2007

Judges

• Justice BRISTER delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• R. Brent Cooper, Diana L. Faust, Cooper & Scully, P.C., Dallas, Erin E. Lunceford, Joel Randal Sprott, Munisteri, Sprott, Rigby, Newsom & Robbins, P.C., Houston, for Petitioner.


• For Appellees:
  
• Darrin M. Walker, Law Office of Darrin Walker, Kingwood, George Chandler, Michael Kirk Mathis, Chandler Law Offices, Lufkin, Walter Perry Zivley Jr., Law Offices of W. Perry Zivley Jr., Houston, for Respondents.