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PROVIDENCE HEALTH CENTER v. DOWELL

Nos. 05-0386, 05-0788.

262 S.W.3d 324 (2008)

PROVIDENCE HEALTH CENTER a/k/a Daughters of Charity Health Services of Waco and DePaul Center a/k/a Daughters of Charity Health Services of Waco, Petitioners, v. Jimmy and Carolyn DOWELL, Individually and on Behalf of the Estate of Jonathan Lance Dowell, Deceased, Respondents. James C. Pettit, D.O., Petitioner, v. Jimmy and Carolyn Dowell, Individually and on Behalf of the Estate of Jonathan Lance Dowell, Deceased, Respondents.

Supreme Court of Texas.

Rehearing Denied October 10, 2008.

Attorney(s) appearing for the Case

Greg White, Naman, Howell, Smith & Lee LLP, Andy McSwain, Colin H. O'Neill, David Dumas, Fulbright Winniford, P.C., Alfred MacKenzie, Haley & Olson, P.C., Waco, TX, for Petitioners.

Vincent L. Marable, III, Paul Webb, P.C., Wharton, TX, Sharon Loraine Cullen, McKinney & Cooper, LLP, Houston, TX, James R. Dunnam, Dunnam & Dunnam, Waco, TX, for Respondents.

Justice HECHT delivered the opinion of the Court, in which Justice BRISTER, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

NATHAN L. HECHT, Justice.

Twenty-one-year-old Lance Dowell was taken to the emergency room and treated for a superficial, self-inflicted cut on his left wrist. Distraught over losing his girlfriend, he had been threatening to kill himself earlier, but he had calmed down and did not want to be hospitalized. He was released on his promises that he would not commit suicide, would stay with his parents, and would go to the local Mental Health and Mental Retardation center...

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