Roberts v. Williamson

Parents may recover for loss of consortium with a nonfatally injured child.

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Justice Grant

OPINION

Lainie and Casey Williamson sued Dr. Karen Roberts and Dr. Mark Miller for medical malpractice in treating their newborn daughter, Courtnie Williamson. The jury found no liability on the part of Dr. Miller, but found Dr. Roberts fifteen percent responsible for the injuries sustained by Courtnie. In four points of error, Dr. Roberts argues (1) that Dr. Frank McGehee was not qualified to offer expert testimony in the area of pediatric neurological injuries, (2) that there was no evidence of damages for Courtnie’s medical expenses before and after age eighteen, her past and future physical impairment, disfigurement, loss of earning capacity, lost earnings, and past and future physical pain and mental anguish, (3) that Texas law does not recognize a parent’s right to recover for loss of consortium with a non-fatally injured child, and (4) that the trial court erred in not applying a settlement credit to the Williamsons’ recovery from Dr. Roberts.

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