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MURPHY v. RUSSELL

No. 02-1101.

167 S.W.3d 835 (2005)

Mark T. MURPHY, M.D., Petitioner, v. Johnette RUSSELL, Respondent.

Supreme Court of Texas.

July 1, 2005.

Attorney(s) appearing for the Case

Mark A. Stinnett, Michael Alan Yanof, Stinnett Thiebaud & Remington, L.L.P., Dallas, for petitioner.

James Michael Baker, Castro & Baker, L.L.P., Houston, for respondent.

PER CURIAM.

Johnette Russell sued an anesthesiologist, Mark Murphy, after he allegedly administered a general anesthetic without her consent during a biopsy. The trial court dismissed Russell's suit because she failed to provide an expert report in accordance with section 13.01 of former Texas Revised Civil Statutes article 4590i.1 The court of appeals reversed, holding that Russell's claims are not "health care liability

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