Henderson v. Heyer-Schulte Corp.
Court of Appeals of Texas
600 S.W.2d 844 (Tex. App. 1980)
Relevant factsFree
Carol Henderson (plaintiff) had breast-implant surgery in which the surgeon (defendant) intentionally slit each implant to let gel seep into surrounding tissue-a technique no longer accepted in the field. She suffered pain, inflammation, and recurring lumps, and despite corrective procedures her breasts became disfigured. She sued for negligence, and the trial court gave an instruction on the reasonable-and-prudent-physician standard that she challenged as improperly worded.
IssueFree
Whether the trial court's instruction that a physician is not liable for harm if he uses a treatment a reasonable and prudent member of the profession would use under similar circumstances was proper.