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.
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Felton v. Lovett
Tx. Sup. Ct.
December 4, 2012
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