Childs v. Weis
Court of Civil Appeals of Texas
440 S.W.2d 104 (1969)
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
Holding and Reasoning (Williams, J.)
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