VAUGHAN v. NIELSON

No. 04-07-00382-CV.

274 S.W.3d 732 (2008)

John H. VAUGHAN, Appellant, v. David NIELSON, M.D. and David Nielson, M.D., P.A., Appellees.

Court of Appeals of Texas, San Antonio.

August 27, 2008.


Attorney(s) appearing for the Case

Earl Landers Vickery, Law Office of Lanny Vickery, Austin, TX, Michael P. Mallia, Vickery, Waldner & Mallia, L.L.P., Houston, TX, for Appellant.

George G. Brin, Gerald D. McFarlen, Janice Byington, Brin & Brin, P.C., San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.


OPINION

Opinion by: REBECCA SIMMONS, Justice.

This is a lack of informed consent and negligence case. The trial court granted summary judgment for Appellees Dr. David Nielson, M.D. and David Nielson, M.D., P.A. (collectively, "Nielson") on claims brought by Appellant John H. Vaughan regarding a surgical procedure by Nielson to treat Vaughan's excessive sweating. We reverse the judgment of the trial court and remand this case for further proceedings.

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