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BAPTIST MEMORIAL HOSP. SYSTEM v. SMITH

No. 04-89-00582-CV.

822 S.W.2d 67 (1991)

BAPTIST MEMORIAL HOSPITAL SYSTEM, Appellant, v. Pleas R. SMITH, as Guardian of the Person and Estate of Evan W. Smith, Jr., Mentally Incompetent, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied August 21, 1991.

Second Rehearing Denied December 20, 1991.

Attorney(s) appearing for the Case

Ruth Greenfield Malinas, Ball and Weed, Thomas H. Crofts, Jr., Jo Reser, Groce, Locke & Hebdon, San Antonio, for appellant.

Andrew L. Todesco, Kevin DuBose, Jim M. Perdue, Mark D. Clore, Perdue & Todesco, Houston, for appellee.

Before CADENA, C.J., and CHAPA and CARR, JJ.

ON APPELLANT'S MOTION FOR REHEARING

CHAPA, Justice.

Appellant's motion for rehearing is denied; our opinion of March 28, 1991 is withdrawn and this opinion is substituted therefor.

This is a medical malpractice case, which arose from an incident which occurred on June 22, 1980, in the emergency room of the Northeast Baptist Hospital, one of several health care facilities comprising the Baptist Memorial Hospital System. Evan W. Smith, Jr., then a...

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