Henderson v. Heyer-Schulte Corp.

Court of Appeals of Texas

600 S.W.2d 844 (Tex. App. 1980)

Under Texas law, a physician is not liable for harm to a patient if he uses a technique or treatment in which a reasonable and prudent member of the medical profession would use under similar circumstances.

Relevant Facts

Carol Henderson (the plaintiff) underwent breast enlargement surgery in which silicone implants were inserted. Rothenberg (the defendant), intentionally slit each implant to allow the gel to seep into retro-mammary pockets. The technique was no longer recognized or an accepted method for performing the procedure. Subsequently, the plaintiff experienced pain, inflammation, and small lumps beneath the skin on her chest. After a number of additional procedures to correct the damage, the lumps continued to appear and the plaintiff’s breasts were disfigured as a result. The plaintiff brought suit against the surgeon, claiming that the surgeon’s technique of slitting the implant was negligent. The trial court permitted an instruction that plastic surgeons recognize more than one method for performing the surgical technique used in the plaintiff’s procedure. The jury found in favor of the defendant, and the plaintiff appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 22, 2020

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Procedural History

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Citations

600 S.W.2d 844 (Tex. App. 1980)