Sec. 74.101. THEORY OF RECOVERY. 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.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 74 - Medical Liability
Subchapter C. Informed Consent
Section 74.101. Theory of Recovery
Section 74.102. Texas Medical Disclosure Panel
Section 74.103. Duties of Disclosure Panel
Section 74.104. Duty of Physician or Health Care Provider
Section 74.105. Manner of Disclosure