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PHILLIPS v. BRAMLETT

No. 07-0522.

288 S.W.3d 876 (2009)

Benny P. PHILLIPS, M.D., Petitioner, v. Dale BRAMLETT, individually and as Independent Administrator of the Estate of Vicki Bramlett, Deceased, Shane Fuller, and Michael Fuller, Respondents.

Supreme Court of Texas.

Decided March 6, 2009.

Rehearing Denied August 28, 2009.

Attorney(s) appearing for the Case

Jim Hund, Hund, Krier, Wilkerson & Wright, John Simpson, Splawn Simpson Pitts, Inc., Dennis R. Burrows, Benjamin H. Davidson II, McClesky Harriger Brazil & Graf, L.L.P., Lubbock, for Petitioner.

John Smithee, Templeton Smithee Hayes Heinrich & Russell, L.L.P., Amarillo, Thomas J. Turner, Turner and Jordan, P.C., Lubbock, Joseph Todd Trombley, Alexander B. Klein III, The Klein Law Firm, Houston, for Respondents.

Justice MEDINA delivered the opinion of the Court, in which Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON, and Justice WILLETT joined.

We granted the petition for review in this case to consider the relationship between two provisions of the Medical Liability and Insurance Improvement Act of 1977, now repealed. See TEX.REV.CIV. STAT. art. 4590i.1 The first provision caps the liability of physicians (and other health care...

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