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Higher Bar Applies In Birth Injury Suit, Texas Justices Told

Law360 (October 9, 2018, 5:07 PM EDT) -- The medical malpractice claims brought against a doctor by the parents of a baby who was injured during delivery must be tossed because a heightened legal standard of negligence applies in emergency care situations, the Texas Supreme Court heard during oral arguments Tuesday.

Dr. Marc Wilson had argued that a lower appellate court in February 2017 wrongly revived the claims brought by the child's mother, identified in court documents as M.A., because the parents did not prove his alleged negligence by a "willful and wanton" liability standard under a Texas law regarding emergency medical treatment.

The statute at issue is Section...

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