The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases to which it has been applied by the appellate courts of this state as of August 29, 1977.
Tex. Civ. Prac. & Rem. Code § 74.201
APPLICATION OF RES IPSA LOQUITUR
Applied in 6 court decisions — leading case Kingwood Pines Hospital, LLC v. Gomez (2011)
Most recently applied in Geri Merry and Mike Merry v. Diana E. Wilson, M.D., Neurosurgical & Spine Center, North Texas Neurosurgical & Spine Center, and Texas Health Physicians Group (June 2016)
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.