Arnold v. Univ. of Tex. Sw. Med. Ctr. at Dallas

In Arnold v. Univ. of Tex. Sw. Med. Ctr. at Dallas, 279 S.W.3d 464, 467 (Tex. App.--Dallas 2009, no pet.), the appellant had received breast-augmentation surgery. Id. at 466. After discovering that the implants had ruptured, the appellant consulted with a doctor at the University of Texas Southwestern Medical Center, who performed a surgery to replace the implants. Id. Although no complications occurred during the surgery, the appellant complained to the doctor about the large size of the new implants. Id. She sued the doctor, claiming the large implants amounted to a deformity and that he had failed to comply with her desire for smaller implants. Id. at 467. The court noted that she did not complain that the implants themselves were defective, but focused instead on the doctor's medical decisions. Id. at 469-70. The court held "any damages from the larger implants were caused by the alleged negligence of the doctor in using his medical judgment . . . and errors in medical judgment do not provide waiver of immunity under the Tort Claims Act." Id. at 470.