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GAGNIER v. WICHELHAUS

No. 01-99-00724-CV.

17 S.W.3d 739 (2000)

Debra Murphy GAGNIER, Appellant, v. Harlan WICHELHAUS, M.D. and MacGregor Medical Association, P.A., Appellees.

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

Rehearing Overruled May 26, 2000.

Attorney(s) appearing for the Case

Sharon S. McCally, Houston, for appellant.

John B. Wallace, Houston, for appellees.

Panel consists of Justices O'CONNOR, NUCHIA, and DUGGAN.

OPINION

SAM NUCHIA, Justice.

This is a medical malpractice case where plaintiff, Debra Murphy Gagnier, sued defendants, Harlan Wichelhaus and MacGregor Medical Association, for not discovering she had an IUD (intra-uterine device) in her uterus during treatment for infertility. The trial court granted summary judgment in favor of defendants. We reverse and remand.

BACKGROUND

Plaintiff began using an IUD for birth control before...

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