Hatchell PC
Hatchell PC secures a reversal of a multi-million dollar judgment against a hospital company with a decision that applies the "emergency" exception to the informed consent doctrine in the birth of a premature infant. Hatchell PC led an appellate team consisting of several law firms to successfully reverse a $65 million judgment against certain Columbia HCA entities for successful lifesaving efforts administered to a premature infant.

Parents of the infant sued the hospital where the infant was born and several related corporations alleging that the defendants were liable for lifetime medical expenses of the child because physicians and hospital personnel ignored oral instructions given by the parents prior to birth not to engage in "heroic measures" to save the infant's life at birth. In a decision that could have nationwide implications for hospital practice, the Supreme Court sustained the defendants' argument that pre-birth instructions by parents attempting to act on the child's behalf and decline lifesaving treatment could not be "informed" and were inappropriate under the circumstances. And, when the infant was born, she was in an emergency situation making it medically impossible to obtain informed consent to treat. The emergency gave the treating physicians, so the court held, implied consent to employ lifesaving measures. Miller ex rel. Miller v. HCA, Inc., 47 Tex. Sup. Ct. J. 12 (September 30, 2003).


Hatchell PC, 112 E. Line Street, Suite 304, Tyler TX 75702,
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