DILL v. FOWLER

No. 11-07-00227-CV.

255 S.W.3d 681 (2008)

Teressa DILL, Individually and on Behalf of the Estate of Her Deceased Husband-David Dill, and as Parent and Next Friend of Minors, Kaylee Dill, David Dill, Jr., Sarah Dill and Jennifer Dill, Appellants, v. Lisa S. FOWLER, M.D. and David E. Wiley, M.D., Appellees.

Court of Appeals of Texas, Eastland.

April 10, 2008.


Attorney(s) appearing for the Case

Scott M. Tidwell, Tidwell & Tidwell, L.L.P., Odessa, for appellants.

Brent R. Walker, Vernon L. Krueger, Stewart & Stimmel, L.L.P., Elizabeth Fraley, Jennifer L. Barnes, Fraley & Fraley, L.L.P., Dallas, for appellees.

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


OPINION

RICK STRANGE, Justice.

This is a medical malpractice case which requires that we determine whether the lowered standard of care in TEX. CIV. PRAC. & REM.CODE ANN. § 74.153 (Vernon 2005) violates TEX. CONST. art. I, § 3. Because the statute has a rational basis, we find that it is constitutional and affirm the trial court's summary judgments in favor of the appellees.

I. Background Facts

The decedent, David Dill...

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