Responsible Third Party Update: Blame the Doctor! The Pagayon Case

Published by Texas Trial Lawyers Association


It has long been an accepted and established rule in this State that one who wrongfully injures another is liable in damages for the consequences of negligent treatment by a doctor or surgeon selected by the injured person in good faith and with ordinary care. Houston & T. C. Ry. Co. v. Hollis (1884), 2 Willson's Civil Cases Ct. App. § 218, p. 169; City of Dallas v. Meyers, Tex.Civ.App., 55 S.W. 742,no writ history; Galveston, H. & S. A. Ry. Co. v. Miller, Tex.Civ.App., 191 S.W. 374, writ refused; Hicks Rubber Co. v. Harper, Tex. Civ.App., 131 S.W.2d 749, writ dismissed, 134 Tex. 89, 132 S.W.2d 579. Thus, the concept of the tortfeasor is responsible for damages caused by foreseeable medical malpractice after an accident has been inviolate in Texas jurisprudence for almost 150 years….until a Houston Court of Appeals opinion in 2015 obliterated that doctrine in one fail swoop and instituted a responsible third party scheme that opens the door for a new theory…..BLAME THE DOCTOR!

Bryan Pope
Even at a young age, Bryan Pope knew he wanted to help people. Being the son of a Southern preacher, he continually saw his father helping others through times of grief and illness. The right to trial by jury inspires and motivates him to defend and give voice to those in need. McLarty Pope, LLP is based in Dallas, Texas where Mr. Pope and his partner, Mary Alice McLarty, a former AAJ president, have developed a specialty in representing people all over the country who have developed CRPS/RSD, a...More

Originally Published

July 7, 2017

Program Titles and Supporting Materials

This program contains the following components:

  • Responsible Third Party Update: Blame the Doctor! The Pagayon Case - Video
  • Responsible Third Party Update: Blame the Doctor! The Pagayon Case - Paper
  • Responsible Third Party Update: Blame the Doctor! The Pagayon Case - Slide Deck

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