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NEEBLE v. SEPULVEDA

No. 01-96-01253-CV.

989 S.W.2d 390 (1999)

Billy Lee NEEBLE, Appellant, v. Raul SEPULVEDA, M.D.; Woodrow W. Janese, M.D.; Andrew P. Kant, M.D .; and Houston Northwest Medical Center Survivor, Inc., Appellees.

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

January 14, 1999.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for appellant.

Griffin Vincent, Houston, Solace H. Kirkland, Houston, Jeffrey Donald Meyer, Houston, Frank N. Luccia, Houston, Stephen R. Bailey, Houston, D. Wayne Clawater, Houston, David James McTaggartt, Houston, for appellees.

Panel consists of Chief Justice SCHNEIDER and Justices HEDGES and NUCHIA.

OPINION ON REHEARING

PER CURIAM.

Neeble filed a motion for rehearing, which we deny. We write only to respond to the dissenting opinion on Neeble's motion for rehearing en banc.

The dissent argues we held that unnecessary surgery is not harmful. We have not. A complaint that a physician performed unnecessary surgery can form the basis for a cause of action based on either negligence (misdiagnosis or mistreatment) or battery. Misdiagnosis or mistreatment...

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