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Hood v. Phillips

554 S.W.2d 160 (1977)

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Hood v. Phillips

Texas Supreme Court

554 S.W.2d 160 (1977)

Facts

Shelton Hood (plaintiff) was a patient of Dr. John Phillips (defendant). Dr. Phillips performed carotid surgery on Hood to treat Hood’s emphysema. Hood sued Dr. Phillips for injuries, claiming that it was negligence for Dr. Phillips to use the particular surgical procedure he used as a method of treating emphysema. The jury found in favor of Dr. Phillips. The court of civil appeals reversed, holding that the jury should have been instructed that a physician is not guilty of malpractice if the method of treatment used is supported by a respectable minority of physicians as long as the physician has adhered to the acceptable procedures of administering the treatment as espoused by the minority. On appeal, both Hood and Dr. Phillips argued that it was error to adopt the respectable-minority standard of negligence.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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