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RUSSELL v. MURPHY

No. 05-01-01267-CV.

86 S.W.3d 745 (2002)

Johnette RUSSELL, Appellant, v. Mark T. MURPHY, M.D., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 11, 2002.

Attorney(s) appearing for the Case

James Michael Baker, Law Office of James M. Baker, Houston, for appellant.

Michael Alan Yanof, Stinnett, Thiebaud & Remington, L.L.P., Dallas, for appellee.

Before Justices MORRIS, WRIGHT, and O'NEILL.

OPINION

Opinion By Justice MORRIS.

In this appeal, Johnette Russell contends the trial court erred in dismissing her suit under section 13.01(e) of the Medical Liability and Insurance Improvement Act. Russell argues she did not assert a "health care liability claim" and, therefore, her suit was not subject to the requirements of the Act. After reviewing the claims asserted in her petition and the relevant case...

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