In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.
Tex. Civ. Prac. & Rem. Code § 74.101
THEORY OF RECOVERY
Applied in 10 court decisions — leading case Sama v. Hannigan (2012)
Most recently applied in Felton v. Lovett (November 2012)
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.