that the doctor failed to receive informed consent, and that the negligent use of breast implants resulted in and proximately caused damages and injuries, including deforming the patient’s breasts and requiring additional surgery. Id. at 468-70. The Dallas court concluded that the plaintiffs claims that the doctor failed to properly investigate or respond to post-surgery concerns were “alleged errors in medical judgment” and held that “[ejrrors in medical judgment do not waive immunity under the TTCA.” Id. at 469 (citing Miller, 51 S.W.3d at 589). It also concluded that “[fjailure to receive informed consent [does] not waive immunity under the TTCA.” Id. (citing Mitcham v. Univ. of Tex. Med. Branch of Galveston, 818 S.W.2d 523, 525 (Tex.App.-Houston [14th Dist.] 1991, writ denied)) (<HOLDING>). Finally, the court in Arnold examined the
holding that the plaintiff did not establish a waiver where the defendants answer had put the plaintiff on notice of an arbitration defense holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false holding that there is no cutpa violation when the sole basis of the claim is the defendants negligence and the jury determines that the plaintiff was contributorily negligent holding there was no waiver when plaintiff alleged that doctor inserted arteriogram needle into her femoral artery without receiving informed consent because plaintiff did not argue that any condition of needle was defective or that needle was actually used in negligent manner but allegations instead focused on physicians negligence in informing plaintiff of risks holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work