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TEXARKANA MEMORIAL HOSP., INC. v. MURDOCK

No. 95-1073.

946 S.W.2d 836 (1997)

TEXARKANA MEMORIAL HOSPITAL, INC., d/b/a Wadley Regional Medical Center, Petitioner, v. Kathy MURDOCK, individually, and Sheryl Burgess, as administratrix of the estate of Jessie Taylor Andrew Burgess, deceased, and the Arkansas Department of Human Services, Division of Economic and Medical Services, Respondents.

Supreme Court of Texas.

Decided April 25, 1997.

Rehearing Overruled July 9, 1997.

Attorney(s) appearing for the Case

John R. Mercy, Christy Paddock, Texarkana, for Petitioner.

David Grant Kaiser, Houston, M. Mark Lesher, Texarkana, Rockne W. Onstad, Austin, for Respondents.

GONZALEZ, Judge.

This is a medical malpractice action brought against Wadley Regional Medical Center ("Wadley") by the mother of a deceased child. The Arkansas Department of Human Services ("ADHS") intervened to recover funds which it paid for medical expenses on behalf of the mother as a Medicaid recipient. The trial court rendered judgment for the child's estate, but ordered that ADHS recover its medical expenses paid...

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