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BALA v. MAXWELL

No. 95-0331.

909 S.W.2d 889 (1995)

Nataranja BALA, M.D., Petitioner v. Martha Sue MAXWELL, Individually and as Representative of the Estate of Fred Maxwell, Jr., Deceased, and as Representative of all wrongful death beneficiaries, Respondent.

Supreme Court of Texas.

November 2, 1995.

Attorney(s) appearing for the Case

John Roberson and Brian K. Johnson, Houston, for Petitioner.

Francis I. Spagnoletti, David A. Bickham, and John D. Charbonnet, Jr., Houston, for Respondent.

PER CURIAM.

In this wrongful death and survival action, the Maxwell family alleges that Dr. Nataranja Bala negligently failed to diagnose the cancer which caused Fred Maxwell's death. We hold that both the survival and wrongful death claims are barred by Article 4590i, section 10.01, of the Texas Revised Civil Statutes.

In December 1986, doctors hospitalized Maxwell for evaluation of anemia. Dr. Bala performed an esophagogastroduodenoscopy (EGD), which revealed...

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