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PERMANENTE MED. ASS'N v. JOHNSON

No. 10-96-037-CV.

917 S.W.2d 515 (1996)

PERMANENTE MEDICAL ASSOCIATION OF TEXAS, Relator, v. Honorable Derwood JOHNSON, Judge Presiding, 18th District Court, Johnson County, Texas, Respondent.

Court of Appeals of Texas, Waco.

March 13, 1996.

Attorney(s) appearing for the Case

R. Michael McCauley, Carla S. Neal & Scott V. Allen, McCauley, MacDonald, Love & Devin, P.C., Dallas, for relators.

Carol Ann Carson and Rickey J. Brantley, Jose, Henry & Brantley, Ft. Worth, Robert W. Hammer, Law Offices of Robert W. Hammer, Ft. Worth, John R. MacLean and Dan M. Boulware, MacLean & Boulware, Cleburne, for real parties in interest.

Derwood Johnson, Waco, Respondent.

Before CUMMINGS, C.J., and VANCE, J.

OPINION

VANCE, Justice.

Relator, Permanente Medical Association of Texas (PMAT), is a professional association providing medical care. The real party in interest, Diane Karna, filed suit against PMAT and Dr. Kathleen Robertson for medical malpractice and negligence on January 5, 1996. She did not give the statutory sixty-day notice prior to filing suit as required by section 4.01 of the Medical Liability and Insurance Improvement Act. TEX.REV.CIV. STAT.ANN...

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