Editor’s note: What follows are summaries of state and federal appellate court opinions issued from Nov. 19 to Nov. 30. The list is organized by court and practice area. Names of the cases below are linked to full-text opinions.
Texas Supreme Court
Health Law
Felton v. Lovett
Nov. 30, 2012; No. 11-0252
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.
