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MITCHELL v. BAYLOR UNIVERSITY MEDICAL CEN.

No. 05-02-00652-CV.

109 S.W.3d 838 (2003)

Karen MITCHELL, Appellant, v. BAYLOR UNIVERSITY MEDICAL CENTER, Dallas Plastic Surgery Institute, and Henry Steven Byrd, M.D., Appellees.

Court of Appeals of Texas, Dallas.

July 2, 2003.

Attorney(s) appearing for the Case

H.K. Wasoff, Jr. and Thomas B. Cowart, Law Offices of Windle Turley, P.C., Dallas for Appellant.

Elizabeth Duffy, Linda Susan Stimmel, Stewart & Stimmel, L.L.P., Cynthia Shea Goosen, Diana L. Faust, Cooper & Scully, Dallas, for Appellee.

Before Justices WHITTINGTON, FARRIS, and ROSENBERG.

OPINION

Opinion By Justice ROSENBERG.

This is a medical malpractice case. In six issues, Karen Mitchell challenges the summary judgment granted in favor of Baylor University Medical Center, Dallas Plastic Surgery Institute, and Henry Steven Byrd, M.D. on all her claims. For the reasons that follow, we reverse the trial court's judgment and remand this case for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

In 1996, Byrd performed...

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