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McIntyre v. Smith5/25/2000
ntyre. See S.V., 933 S.W.2d at 8; Qantel, 761 S.W.2d at 303-04. Schmidt testified that he believes the vein was punctured on January 20, 1996, and that this injury was caused by Smith manipulating or removing the catheter. Schmidt based this opinion on the fact that he had been able to aspirate blood from the catheter that he inserted, there was no indication of any blood in or around the lungs in any of the x-rays, and the patient's blood count remained the same in the twenty-four hours that his catheter was in place. Next, there was testimony from Tomm, which echoed all of Schmidt's reasons as to why the hole could not have been made by Schmidt's catheter placement. Then, there was testimony from Peeples that a catheter could not effectively plug a hole in a vein for a twenty-four-hour period, thereby implicitly stating that Schmidt's catheter placement could not have been the cause of the hole in the vein. It is undisputed that Virgil's vein had been punctured and that this hole did in fact cause him to hemorrhage and lose his life. It is also undisputed that Heparin was administered by Smith and that this caused Virgil to lose blood more rapidly. According to the evidence presented, and viewing it in the light most favorable to McIntyre, there is sufficient evidence of probative value to raise a fact issue concerning Smith's conduct being the proximate cause of Virgil's death. The point of error is sustained.
The take-nothing judgment is reversed, and the cause is remanded for a new trial.
Donald R. Ross Justice
Date Argued: May 16, 2000
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