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LOBDELL v. TARRANT COUNTY HOSP. DIST.

No. 2-85-159-CV.

710 S.W.2d 811 (1986)

Norma and Thomas LOBDELL, individually and on Behalf of Their Deceased Son, Harry Edwin LOBDELL, III, Appellants, v. TARRANT COUNTY HOSPITAL DISTRICT d/b/a John Peter Smith Hospital, Dr. L. Ray Ryan, Dr. Pelham Staples, III, Dr. Greg Elam, and Dr. Thomas White, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied July 24, 1986.

Attorney(s) appearing for the Case

R. Louis Bratton, Austin, for appellants.

Tim Curry, Criminal Dist. Atty., and Sullivan H. Bradley, Jr. and Dalton Gandy, Assts., Fort Worth, for Tarrant County Hosp. Dist.

Shannon, Gracey, Ratliff & Miller and D. Michael Wallach, Fort Worth, for Dr. L. Ray Ryan, Dr. Pelham Staples, III, Dr. Greg Elam and Dr. Thomas White.

Before BURDOCK, HILL and HUGHES (Retired, Sitting by Assignment), JJ.

OPINION

HILL, Justice.

Norma and Thomas Lobdell appeal from the granting of a summary judgment that they take nothing in their medical malpractice action resulting from the intrauterine death of their child. The trial court granted the appellees' motion for summary judgment, holding that there is no right of recovery under the Texas Wrongful Death Act for the intrauterine death of a fetus.

We reverse and...

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