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AXELRAD v. JACKSON

No. 14-02-00518-CV.

142 S.W.3d 418 (2004)

David and Carolyn AXELRAD, Appellants v. Dr. Richard JACKSON, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled August 26, 2004.

Attorney(s) appearing for the Case

Darrin Walker, Kingwood, for appellants.

Erin E. Lunceford, Joel Randal Sprott, Houston, for appellee.

Panel consists of Justices ANDERSON, SEYMORE, and GUZMAN.

OPINION

CHARLES W. SEYMORE, Justice.

In this appeal, we determine whether a patient, in recounting his or her medical history, may be assessed comparative negligence in a medical malpractice suit. We hold that a patient's name may be submitted in comparative fault jury questions based on the patient's response to queries regarding medical history. Because there is no evidence of a query designed to elicit the information that appellant, David Axelrad, allegedly...

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