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ROSA v. CALDWELL

No. 07-02-0346-CV.

159 S.W.3d 695 (2004)

Zulema ROSA, Individually and as Next Friend of Miguel Rosa, A Minor, Appellant, v. Richard D. CALDWELL, M.D., Childress Regional Medical Center, D. Barfield, R.N. and Perry Foster, R.N./F.N.P., Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled September 13, 2004.

Attorney(s) appearing for the Case

Kyra K. Blankenship, Abeyta & Blankenship, Lubbock, for Appellant.

James A. Besselman, Slater C. Elza, and Daniel L. Schaap, Underwood Wilson Berry Stein & Johnson P.C., Amarillo, Peter R. Meeker, Damon D. Robertson, Davis & Wilkerson, PC, Austin, for Appellee.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

PHIL JOHNSON, Chief Justice.

Appellant Zulema Rosa, individually and as next friend of Miguel Rosa, sued Dr. Richard Caldwell, the Childress Regional Medical Center and two nurses, D. Barfield and Perry Foster (collectively, "the health care providers"), alleging that Miguel suffered injuries as a result of their professional negligence. The trial court granted the health care providers' motions to dismiss for Rosa's failure to file an adequate expert...

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