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TENET HEALTH LTD. v. ZAMORA

No. 13-99-572-CV.

13 S.W.3d 464 (2000)

TENET HEALTH LTD., d/b/a Brownsville Medical Center, Appellant, v. Jose ZAMORA, M.D. and Carlos Chavez, M.D., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled March 16, 2000.

Attorney(s) appearing for the Case

Charles Walker Bailey, Donald P. Wilcox, Austin, for amicus curiae.

Daniel M. McClure, Houston, Katherine D. Mackillop, Fulbright & Jaworski, Houston, Roger W. Hughes, Ferriel C. Hamby, Jr., Will Hughes, Adams & Graham, Harlingen, W. Wendell Hall, Fulbright & Jaworski, San Antonio, for appellant.

Ruben R. Pena, Harlingen, Ray R. Marchan, Eddington & Associates, Brownsville, Jan Thurman, Thurman & Andres, Dallas, Charles W. McGarry, Albert E. Andres, Staci Glenn, Dallas, for appellants.

Before Justices DORSEY, CHAVEZ, and RODRIGUEZ.

OPINION

Opinion by Justice DORSEY.

Tenet Healthcare, Ltd., d/b/a/ Brownsville Medical Center ("the hospital"), appellant, has offered its patients a cardiovascular surgery program since 1993. Over the past several years, the program became troubled. In 1998, it experienced what the hospital calls a "surge of deaths." Its mortality rate was 11%, compared to the national average of 3%.

After hiring an outside consultant to study the problem in 1999...

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