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MATA v. ALBERT

No. 4953.

548 S.W.2d 496 (1977)

Silvestre MATA, Appellant, v. Richard O. ALBERT et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 31, 1977.

Attorney(s) appearing for the Case

William R. Edwards and J. Robert McKissick, Corpus Christi, for appellant.

Ben A. Donnell, Meredith & Donnell, Corpus Christi, for appellees.

McCLOUD, Chief Justice.

This is a medical malpractice case. Plaintiff, Silvestre Mata, sued defendant, Dr. Richard O. Albert, a general surgeon, alleging he was injured as a result of defendant's negligent acts in performing disc surgery and a lumbar spinal fusion on plaintiff. In answer to Special Issue 1, the jury found that defendant did not "fail to use ordinary care" in the treatment of Mata in either the "disc exploration portion of the operation" or the "fusion...

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