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PALACIOS v. AMERICAN TRANSITIONAL CARE CENTERS OF TEXAS, INC.

No. 01-97-01072-CV.

4 S.W.3d 857 (1999)

Teofilo PALACIOS, Maria L. Palacios, Individually and a/n/f of Gloria Janeth Palacios and Rocio Daniela Palacios, Minors, Maria Angelica Palacios, and Sentry Insurance, a Mutual Company, Appellants, v. AMERICAN TRANSITIONAL CARE CENTERS OF TEXAS, INC., d/b/a American Transitional Hospital, Appellee.

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

Opinion Dissenting from Overruling of Rehearing November 18, 1999.

Attorney(s) appearing for the Case

D. John Leger, Levon G. Hovnatanian, Houston, for appellants.

Steven M. Gonzalez, Wesley Nagorny, III, John C. Marshall, Houston, for appellee.

Panel consists of Justices COHEN, HEDGES, and TAFT.

Opinion Dissenting from Overruling of Rehearing En Banc November 18, 1999.

MAJORITY OPINION

MURRY B. COHEN, Justice.

Appellants ("the Palacios") appeal from an order dismissing their medical malpractice case pursuant to Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(e) (Vernon Supp. 1999) ("the Act"). We hold that the expert's report constituted a "good faith effort" to provide a "fair summary" of the Palacios' claims against appellee (the Hospital...

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