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eBook details

• Title: Bush v. Green Oaks Operator
• Author : Texas Court of Appeals
• Release Date : January 25, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The central question in this appeal is whether the Medical Liability and Insurance Improvement Act applies to the lawsuit filed by Rhonda Fay Bush against Green Oaks Operator, Inc. The trial court dismissed Bushs case because she failed to comply with the Acts requirement that she file an expert report within 180 days after filing her suit. Bush appeals the dismissal contending in one of her five points of error that her claims are not governed by the Act. We agree with Bush, concluding she has not pleaded a "health care liability claim" and, therefore, her suit should not have been dismissed for failure to comply with the Act. We reverse the trial courts judgment and remand the cause for further proceedings.

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