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TURTLE HEALTHCARE GROUP, L.L.C. v. LINAN

No. 09-0613.

337 S.W.3d 865 (2011)

TURTLE HEALTHCARE GROUP, L.L.C. d/b/a Fred's Pharmacy, Petitioners, v. Yolanda Higuera LINAN Individually and as the Natural Parent of Maria Yolanda Linan and Gerardo Linan, Individually, and as Representatives of the Estate of Maria Yolanda Linan, Deceased, Respondents.

Supreme Court of Texas.

April 29, 2011.

Attorney(s) appearing for the Case

Jacqueline M. Stroh , Law Office of Jacqueline M. Stroh PC, Ricardo R. Reyna , Gregory Richard Hokenson , Brock Person Guerra Reyna, P.C., San Antonio, for Turtle Healthcare Group, L.L.C.

Ray R. Marchan , Law Office of Ray Marchan, Gerardo E. Linan , Law Office of Gerardo Linan, Brownsville, for Yolanda Higuera Linan.

PER CURIAM.

We issued an opinion in this case on February 25, 2011. We deny the motion for rehearing filed by respondents, the Linans, withdraw our prior opinion and issue this opinion in its place.

At issue in this appeal is whether claims based on the failure of a ventilator can be brought both as claims subject to the Texas Medical Liability Act (TMLA) and claims not subject to the TMLA. We hold that under the record presented, they cannot; all the claims...

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