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ROMERO v. KPH CONSOL., INC.

No. 03-0497.

166 S.W.3d 212 (2005)

Dolores ROMERO, et al., Petitioners, v. KPH CONSOLIDATION, INC. d/b/a Columbia Kingwood Medical Center, Respondent.

Supreme Court of Texas.

Decided May 27, 2005.

Attorney(s) appearing for the Case

Richard P. Hogan Jr., Hogan & Hogan, L.L.P., Jennifer Bruch Hogan, Hogan & Hogan, L.L.P., Houston, Tommy Jacks, Mithoff & Jacks, L.L.P., Austin, Janie L. Jordan, Richard Warren Mithoff, Mithoff & Jacks, L.L.P., Houston, William Powers Jr., The University of Texas School of Law, Austin, Steven Goode, The University of Texas School of Law, Austin, for petitioners.

Mike A. Hatchell, Locke Liddell & Sapp, LLP, Austin, Richard A. Sheehy, Sheehy, Serpe & Ware, P.C., M. Randall Jones, McFall Sherwood & Sheehy, Houston, Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, and John S. Serpe, Sheehy, Serpe & Ware, P.C., Houston, for respondent.

Charles W. Bailey, Matthew T. Wall, Texas Hospital Association, Michael S. Hull, Hull Hendricks & MacRae, L.L.P., Austin, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, Wright Brown & Close, LLP, Houston, for Amicus Curiae.

Justice HECHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice OWEN, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, and Justice GREEN joined.

This is an action against a hospital for negligently delaying a blood transfusion for the plaintiff while he was in surgery, and for malicious credentialing of the surgeon. The trial court rendered judgment on a verdict for the plaintiff on both claims. As the case comes to us, it raises two...

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