Flax v. McNew – Case Brief Summary (Texas)

In Flax v. McNew, 896 S.W.2d 839 (Tex. App.--Waco 1995, no writ), the plaintiff sued her doctor for medical negligence resulting from a failed sterilization procedure. 896 S.W.2d at 840.

The plaintiff alleged that during her pregnancy and after childbirth she suffered from swelling, nausea, fatigue, bladder-control problems, personality changes, scarring, physical impairment, physical and mental pain and suffering, and detrimental effects to her relationship with her husband. Id. at 841.

The Flax court adopted a "limited-damages rule," which would potentially allow the plaintiff to recover the following damages:

(1) expenses for the failed procedure and any corrective procedures;

(2) prenatal and postnatal expenses;

(3) pain and suffering during pregnancy and delivery;

(4) loss of consortium;

(5) emotional distress;

(6) lost wages;

(7) pain and suffering associated with the corrective procedure;

(8) any permanent impairment suffered by the parents as a result of the pregnancy, the delivery, or the corrective procedure. Id. at 843, 845.