Childs v. Weis
Court of Civil Appeals of Texas
440 S.W.2d 104 (1969)
- Written by Craig Conway, LLM
Facts
Daisy Childs (plaintiff) was about 27 weeks pregnant when she went to a hospital emergency room in the town where she was visiting, complaining of labor pains and bleeding. Childs claimed that she was examined by a nurse who then telephoned a doctor for instructions. The nurse returned and informed Childs that she would have to travel back to her hometown to see her personal physician. Childs claimed that the nurse told her that she had time to make the trip because she had just started labor. Childs delivered the baby in her car about an hour after leaving the emergency room. The baby died 12 hours later. The doctor that the nurse spoke to, Dr. Weis (defendant), had a different version of events. He claimed that he told the emergency room nurse to ask the woman to call her personal doctor for further instructions. He had never spoken to Childs nor personally examined her. He also indicated that he never agreed to examine or treat Childs. The trial court awarded summary judgment to Weis.
Rule of Law
Issue
Holding and Reasoning (Williams, J.)
What to do next…
Here's why 782,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
