Texas Civil Practice and Remedies Code

§ 74.101 — THEORY OF RECOVERY

CP § 74.101Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. C. INFORMED CONSENT

Statute text

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.

Legislative history

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.