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Thomas v. Farris10/26/2005
Debra Thomas and Stan Thomas alleged that Dr. Gearald Farris, a chiropractor, was negligent in failing to x-ray Debra's hips and discover fractures incurred after she had an automobile accident. The Thomases appeal the summary judgment granted to Dr. Farris. We affirm the judgment of the trial court.
Background
On June 1, 2000, Debra was involved in an automobile accident. The next day, she went to see Dr. Farris, complaining of pain in her neck and upper shoulders. She also reported that she had been experiencing hip pain for one year. She continued to see Dr. Farris for a month. In the latter part of June, she traveled to San Francisco. After returning from California, she began to have more hip pain. A few days later, when she was in New Orleans, she tripped in a restaurant and developed severe hip pain. On returning from New Orleans, she went to Good Shepherd Hospital with her hip severely swollen and extremely painful. She was diagnosed with fractures of both hips (a femoral neck fracture of both hips). The right hip was treated conservatively, but Dr. Stephen Littlejohn operated on Debra's left hip July 6, 2000. She later saw Dr. Charles Rutherford, who operated on Debra's right hip. Eventually, she had a total replacement of the left hip. The Thomases filed suit against Dr. Farris alleging negligence in his treatment of Debra. Dr. Farris filed a motion for summary judgment (both traditional and no-evidence). The trial court granted the traditional motion for summary judgment. The Thomases appeal alleging the trial court erred in granting the summary judgment because there are material questions of fact as to (1) whether Dr. Farris was negligent in failing to diagnose/x-ray Debra's hips, which caused or exacerbated her hip fractures, and (2) whether x-rays of Debra's hips could have diagnosed a pre-existing hip fracture and prevented further injury.
Standard of Review
The trial court granted the traditional motion for summary judgment. In a traditional motion for summary judgment, the party moving for summary judgment carries the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. See Tex. R. Civ. P. 166a(c); Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999); Calvillo v. Gonzalez, 922 S.W.2d 928, 929 (Tex. 1996); Wornick Co. v. Casas, 856 S.W.2d 732, 733 (Tex. 1993); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548 (Tex. 1985). When reviewing a summary judgment, we take as true all evidence favorable to the non-movant. See Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997). We indulge every reasonable inference to resolve any doubts in the non-movant's favor. Id. An appellate court may affirm the judgment on any grounds properly raised before the trial court, even when the trial court grants summary judgment specifically on fewer than all grounds asserted. Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625--26 (Tex. 1996). A defendant who conclusively negates at least one of the essential elements of the plaintiff's cause of action is entitled to a summary judgment. Little v. Tex. Dep't of Criminal Justice, 148 S.W.3d 374, 381 (Tex. 2004).
Proof Required in Medical Malpractice Cases
In a medical malpractice case, the plaintiff must prove by competent testimony that the defendant's negligence proximately caused the plaintiff's injury. Duff v. Yelin, 751 S.W.2d 175, 176 (Tex. 1988) (citing Hart v. Van Zandt, 399 S.W.2d 791, 792 (Tex. 1965); Bowles v. Bourdon, 148 Tex. 1, 5, 219 S.W.2d 779, 782 (1949)). The plaintiff must establish a causal connection beyond the point of conjecture; proof of mere possibilities will not suppor
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