Miller v. HCA

INFORMED CONSENT – ASSAULT AND BATTERY

Miller v.
HCA, Inc.,
No. 01-0079 (Tex. Sept. 30, 2003)

The
parents of a child who was born prematurely brought actions for battery and
negligence against a hospital for providing emergency medical care to their
infant daughter. After the physicians informed the parents that the infant
had little chance of surviving the premature delivery and an even smaller chance
of having a healthy life, the parents instructed the physicians to let nature
take its course and not provide the infant with emergency medical care. The
physicians decided to provide emergency medical care after delivering the child,
but a brain hemorrhage a few days later caused the child to suffer severe mental
and physical impairments. The trial court awarded the parents over $50,000,000
in damages, finding that the hospital was grossly negligent for providing care
without the consent of the parents. The judgment was reversed on appeal, and
the parents received nothing. The Supreme Court of Texas affirmed the appellate
court’s decision, holding that because the treatment was given under emergent
circumstances, the case presented an exception to the general rule that physicians
are liable for providing treatment to a minor child without first obtaining
parental consent.