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CARL J. BATTAGLIA, M.D., P.A. v. ALEXANDER

No. 02-0701.

177 S.W.3d 893 (2005)

CARL J. BATTAGLIA, M.D., P.A., and Tommy A. Polk, M.D., P.A., Petitioners, v. Lisa Jones ALEXANDER, Individually and as Natural Representative of the Estate of Mark G. Alexander, Deceased, James Alexander, Individually, and Ruby Alexander, Individually, Respondents.

Supreme Court of Texas.

Decided May 27, 2005.

Rehearing Denied December 30, 2005.

Attorney(s) appearing for the Case

Susan G. Taylor, Donald P. Wilcox, Texas Medical Association, Austin, for Texas Medical Association.

Jack G. Carnegie, Jones Day, David M. Bays, Jones Day, Thomas P. Sartwelle, Beirne Maynard & Parsons L.L.P., Houston, for petitioner.

Jim M. Perdue Jr., Jim M. Perdue, Parker B. Binion, The Perdue Law Firm, L.L.P., Russell S. Post, Beck Redden & Secrest, L.L.P., Kevin H. Dubose, Alexander Dubose Jones & Townsend LLP, Houston, for respondent.

Justice OWEN delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice JOHNSON joined.

The central issues presented by these health care liability claims are whether, based on the facts and procedural posture of this case, two physicians' professional associations can be held liable for their own direct negligence (as distinguished from vicariously liable for the actions of their employee), whether the...

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