Bustamante v. Ponte

Legally sufficient evidence supported the jury’s conclusion in this case that the negligence of a premature infant’s treating neonatologist, more likely than not, proximately caused the infant’s loss of vision. D.B. was born extremely premature. As a result of D.B.’s retinopathy of prematurity (ROP), a retinal disorder that afflicts premature infants with low birth weights, D.B. became totally bind in her right eye, and the vision in her left eye was severely impaired. Plaintiffs, D.B.’s parents, sued D.B.’s neonatologist and his professional association, claiming that their negligence caused D.B.’s vision loss. The jury found that Defendants’ negligence caused D.B.’s injuries. The court of appeals reversed and rendered judgment that Plaintiffs take nothing, concluding that they failed to adduce any non-conclusory evidence of causation. The Supreme Court reversed, holding that legally sufficient evidence supported the jury’s finding that the neonatologist’s negligence in assessing and treating D.B.’s ROP proximately caused her vision impairment. View "Bustamante v. Ponte" on Justia Law