MARINER HEALTH CARE OF NASHVILLE v. ROBINS

No. 01-08-00830-CV.

321 S.W.3d 193 (2010)

MARINER HEALTH CARE OF NASHVILLE, INC. d/b/a Mariner Health of Southwest Houston, Appellant, v. Gladys ROBINS, Individually and on Behalf of the Estate of Betty Battle, Deceased, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 1, 2010.


Attorney(s) appearing for the Case

Brian P. Johnson , Tamara M. Madden , Johnson, Trent, West & Taylor, LLP, Lauren B. Harris , Porter & Hedges LLP, Houston, TX, for Appellant.

Scot G. Dollinger , Dollinger Law, Houston, TX, for Appellee.

Panel consists of Justices KEYES, SHARP, and MASSENGALE.


OPINION

MICHAEL MASSENGALE, Justice.

Appellee Gladys Robins sued appellant Mariner Health Care of Nashville, Inc. Robins asserted claims for medical malpractice under the Texas Wrongful Death Act and the Texas Survival Statute, alleging that her mother, Betty Battle, suffered injuries and died due to negligent nursing home care. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 71.001-.012 (Vernon 2008) (wrongful death action); id. §...

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