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MAXWELL v. ELKINS

No. 11-05-00339-CV.

197 S.W.3d 858 (2006)

Mark S. MAXWELL, D.O., Appellant, v. David ELKINS and Juanita Elkins, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled August 24, 2006.

Attorney(s) appearing for the Case

Jim Hund, Linda Russell, Hund & Harriger, L.L.P., Lubbock, for appellant.

Kelly Lovitt Reddell, Paula Sweeney, Howie & Sweeney, L.L.P., Dallas, for appellees.

Panel consists of: WRIGHT, C.J., and McCALL, J., and STRANGE, J.

OPINION

JIM R. WRIGHT, Chief Justice.

Dr. Mark S. Maxwell filed this interlocutory appeal from the trial court's order denying his motion to dismiss the health care liability claims of David and Juanita Elkins. We affirm.

David Elkins suffered a job-related back injury and received numerous treatments related to the injury. The doctors determined that David's injury would require surgery to alleviate his back pain. On October 18, 2002, Dr. Maxwell...

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