Campos v. Ysleta General Hospital, Inc.

836 S.W.2d 791, 1992 WL 201244
CourtCourt of Appeals of Texas
DecidedSeptember 16, 1992
Docket08-91-00391-CV
StatusPublished
Cited by24 cases

This text of 836 S.W.2d 791 (Campos v. Ysleta General Hospital, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campos v. Ysleta General Hospital, Inc., 836 S.W.2d 791, 1992 WL 201244 (Tex. Ct. App. 1992).

Opinion

OPINION

BARAJAS, Justice.

This is an appeal from a directed verdict granted in favor of Appellees, Ysleta General Hospital, Inc., Pedro Ortega and Cen-tro Medico Del Valle. Suit was originally filed by Appellants, Jose and Florencia Campos, against Appellees seeking damages for the death of their five-year-old son. Appellants sought damages based on theories of negligence and intentional or negligent infliction of emotional distress. We affirm.

I. SUMMARY OF THE EVIDENCE

On September 29, 1988, Mrs. Florencia Campos attempted to obtain medical treatment for her ill son, Jose. Initially, Mrs. Campos sought medical treatment at Ysle-ta General Hospital. After arriving at Ysleta General Hospital, Mrs. Campos was told treatment would not be provided for her son unless she could demonstrate her ability to pay for the medical expenses. Because Mrs. Campos was unable to prove her ability to pay such medical expenses, Ysleta General Hospital refused to treat her son.

Upon leaving Ysleta General Hospital, Mrs. Campos took her son to Centro Medico Del Valle, a community health clinic. Once she arrived, Mrs. Campos was advised to complete the necessary paperwork before any medical treatment could be provided. A short time later, Mrs. Campos was advised there were no available examining rooms, but she could sit and wait in case one became available. Mrs. Campos perceived the conduct of personnel at the clinic to be a requirement to prove her ability to pay for medical expenses, thus, she decided to take her son elsewhere for medical attention.

Immediately after leaving Centro Medico Del Valle, Mrs. Campos took her son to R.E. Thomason General Hospital. Once admitted to the emergency room, Jose Campos was pronounced dead by emergency room personnel. The cause of death was respiratory arrest due to cerebral edema.

Appellants have brought this action claiming Appellees’ refusal to provide medical attention constituted negligence and intentional or negligent infliction of emotional distress.

II. DISCUSSION

On review, Appellants assert the trial court erred in two respects. First, Appellants claim the trial court erred in granting a directed verdict because there was sufficient evidence to raise an issue of material fact as to each and every element of all causes of action plead. Second, Appellants allege the trial court erred in excluding certain testimony. 1

When reviewing the granting of a directed verdict, we must “determine whether there is any evidence of probative force to raise fact issues on the material question presented.” Valdez v. Lyman-Roberts Hosp. Inc., 638 S.W.2d 111, 114 (Tex.App.—Corpus Christi 1982, writ ref'd n.r.e.), citing, Collora v. Navarro, 574 S.W.2d 65, 68 (Tex.1978); Henderson v. Travelers Ins. Co., 544 S.W.2d 649 (Tex.1976). Such a determination requires us to consider only the evidence that favorably supports Appellants’ position. All contrary evidence and inferences are to be disregarded. Valdez, 638 S.W.2d at 114.

If application of the above standard discloses that reasonable minds could differ as to the truth of controlling facts, error will be found in the trial court’s refusal to submit the issue to the jury. Collora, 574 S.W.2d at 68. If, however, no evidence of probative force on an ultimate fact element exists, or the probative force of the testimony is so weak that only a mere surmise or suspicion is raised as to the existence of *794 essential facts, the trial court’s directed verdict will be affirmed. University National Bank v. Ernst & Whinney, 773 S.W.2d 707, 709-10 (Tex.App.—San Antonio 1989, no writ).

An analysis of both points of error in light of the above standard of review reveals two dispositive issues on appeal. In regard to the negligence cause of action, the issue can be narrowed to whether or not there is sufficient evidence of proximate cause to have justified the trial court’s submission of the case to the jury. The second issue requires a determination of whether Appellants presented sufficient probative evidence regarding Appellants’ emotional distress and whether such distress was proximately caused by Appellees’ conduct.

A. Negligence

In order to establish a material fact issue regarding negligence, it was incumbent upon Appellants to produce probative evidence as to each of the four elements of negligence — i.e., duty, breach, proximate cause and damages. See El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex.1987). If there is no probative evidence to support at least one element, Appellants cannot prevail on their negligence cause of action. In the instant case, we need only address the element of proximate cause. Indeed, a close review of the evidence that favorably supports Appellants’ position reveals that the element of proximate cause is not supported by sufficient probative evidence. Thus, because there is no proximate cause, the existence or non-existence of the remaining elements is irrelevant.

In determining whether the trial court correctly directed the verdict in favor of Appellees, we must ascertain whether or not the negligence of Appellees, if any, proximately caused the death of Jose Campos. In order to establish proximate cause, Appellants must have introduced probative evidence regarding: (1) foreseeability; and (2) cause-in-fact. McClure v. Allied Stores of Texas, Inc., 608 S.W.2d 901, 903 (Tex.1980). Foreseeability means that Appellants were required to show that Appellees should have anticipated the danger that resulted from their negligence. Cause-in-fact on the other hand, means that Appellants must have shown that Appellees’ negligence was “a substantial factor in bringing about the injury and without which no harm would have occurred.” Id. The facts in the instant case suggest that there was enough evidence to satisfy foreseeability, however, there was not sufficient probative evidence introduced by Appellants to establish cause-in-fact.

In regard to cause-in-fact, Texas courts have held that the “mere possibility that an act of negligence might have been the proximate cause of damages from a medical viewpoint is not sufficient to support recovery.” Valdez, 638 S.W.2d at 114. In fact, proximate cause only exists if the evidence establishes a causal connection between the negligence and the injury. Id. Consequently, mere speculation or conjecture is not enough to establish such a causal connection.

The evidence Appellants introduced regarding cause-in-fact clearly failed to establish a causal connection between the conduct of each of the Appellees and the death of Appellants’ son.

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Bluebook (online)
836 S.W.2d 791, 1992 WL 201244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campos-v-ysleta-general-hospital-inc-texapp-1992.