OSBORNE v. ST. LUKE'S EPISCOPAL HOSP.

No. 01-94-00594-CV.

915 S.W.2d 906 (1996)

Andrew OSBORNE and Ruby Lee Osborne, Appellants, v. ST. LUKE'S EPISCOPAL HOSPITAL; Texas Heart Institute; Richard Bowman, M.D.; Denton Cooley, M.D.; Wayne E. Dear, M.D.; Patrick Hogan, M.D.; Richard E. Paulus, M.D.; Cheryl Forbes Yaroch, R.N.; and Southwest Cardiovascular Consultants, P.A., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled February 8, 1996.


Attorney(s) appearing for the Case

Richard C. Smith, Alma Willarreal, Edinburg, Keith C. Livesay, McAllen, for Appellants.

John Roberson, Ann Watson, Deanna H. Livinston, Karen L. Schneider, John C. Marshall, Todd J. Broussard, Timothy Riley, Gary Jewell, T. Marc Calvert, Sarah L. Herr, Houston, for Appellees.

Before O'CONNOR, HUTSON-DUNN and ANDELL, JJ.


OPINION

O'CONNOR, Justice.

This is an appeal in a medical malpractice case. Andrew Osborne had heart surgery on October 29, 1987, and a rubber tube was unintentionally left in his chest. The rubber tube was removed on December 14, 1987 during a second surgery. Andrew and his wife Ruby Lee Osborne filed suit on February 28, 1990.

The trial court rendered a take-nothing summary judgment against the Osbornes because the court determined the suit was...

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