During the Survey period, Texas courts issued important decisions in various professional liability actions. In the medical field, the Texas Supreme Court weighed in on the applicability of governmental immunity to medical residents and continued to clarify the boundaries of what testimony is sufficient to demonstrate causation. In the legal malpractice context, courts also addressed an issue related to causation. Specifically, the Texas Supreme Court offered guidance as to what does and what does not satisfy the requirements to demonstrate an issue of material fact regarding causation at the summary judgment stage. Finally, during the Survey period, courts addressed a wide-ranging set of issues related to director and officer liability, including the availability of constructive trusts for breaches of fiduciary duty, the relationship between indemnity and settlement agreements, and the standard for piercing the corporate veil in reverse.
Evan A. Kirkham, et al., Professional Liability, 4 SMU Ann. Tex. Surv. 327 (2018)