(Download) "KPH Consolidation, Inc. v. Romero" by In the Supreme Court of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: KPH Consolidation, Inc. v. Romero
- Author : In the Supreme Court of Texas
- Release Date : January 09, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Appellant, KPH Consolidation, Inc., d/b/a Columbia Kingwood Medical Center ("Hospital"), appeals a $23 million judgment against it based in part on the jurys finding that the Hospital acted maliciously when it credentialed Dr. Merrimon Baker. The suit was filed by a patient of Dr. Baker who suffered severe neurological and physical impairments after an operation Baker performed. For two reasons, we conclude the judgment must be reversed and rendered on the malice claim, and reversed and remanded on the negligence claim. First, the record reveals no evidence showing that the Hospital acted with malice -- specifically with conscious indifference -- when it credentialed Dr. Baker and therefore, the jury should not have been asked about actual malice. Second, because the jury found that the Hospital acted with malice, this finding forms at least part of the basis for the jurys award of actual damages, requiring us to reverse all of the damages.