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TURNER v. FRANKLIN

No. 05-08-00011-CV.

325 S.W.3d 771 (2010)

Ricky and Janice TURNER, Individually and as next friend of K.M.T., a Minor, Appellants, v. Jonathan FRANKLIN, M.D. and Evan Cohn, M.D., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 9, 2010.

Attorney(s) appearing for the Case

Kirk L. Pittard , Durham & Pittard, LLP, Dallas, TX, for Appellants.

Vernon L. Krueger , Stewart & Stimmel, LLP, R. Brent Cooper , Diana L. Faust , Cooper & Scully, P.C., Ty Bailey , Stinnett Thiebaud & Remington, L.L.P., Dallas, TX, for Appellees.

Before Justices MOSELEY, FITZGERALD, and LANG-MIERS.

OPINION

Opinion By Justice MOSELEY.

For some health care liability claims arising from the provision of "emergency medical care," the claimant must show by a preponderance of the evidence that the defendant deviated from the applicable standard(s) of care "with wilful and wanton negligence." See TEX. CIV. PRAC. & REM. CODE ANN. § 74.153 (Vernon 2005).1 The issues before us on this appeal are: (1) do the plaintiffs...

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