The court of appeals concluded that the risk of a vertebral artery dissection was not inherent in a procedure performed by a chiropractor because injury would not have occurred but for the patient's own physical condition -- an unhealthy vertebral artery -- and therefore the risk could not have been inherent in the treatment. The possibility that a patient, due to an undetectable physical condition, will suffer a severe, negative reaction to a procedure is a risk that is inherent in the procedure. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0252, 11-30-2012.
Felton v. Lovett
Tx. Sup. Ct.
December 4, 2012
This article requires premium access
This article requires premium access to Texas Lawyer. Please sign in or subscribe to read the full text.