Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type

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.