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MARTIN v. CATTERSON

No. 01-96-01360-CV.

981 S.W.2d 222 (1998)

Patty MARTIN, Individually and on Behalf of The Estate Of Donald F. Martin, and as Next Friend of April Nicole Martin, a Minor Child, Appellant, v. Alan CATTERSON, M.D.; Caremark International Incorporated d/b/a/ Kelsey-Seybold Clinic, P.A.; and Kelsey Seybold Medical Group, Appellees.

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

April 16, 1998.

Attorney(s) appearing for the Case

Denice Smith, Jeff Nobles, Houston, for Appellant.

Jeffrey B. McClure, Solace H. Kirkland, Houston, for Appellees.

Before COHEN, ANDELL and SMITH.

OPINION

COHEN, Justice.

When a plaintiff files a common-law action for medical malpractice that would be time-barred except for the open courts provision of the Texas Constitution, does the plaintiff's subsequent death cause him to lose the protection of the open courts provision? We hold it does not.

The Martins sued appellees for negligence while Donald Martin lived and for wrongful death and survivorship after he died. Appellees were granted summary...

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