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MARSILLO v. DUNNICK

No. 22-0835.

683 S.W.3d 387 (2024)

Kristy MARSILLO, D.O., Petitioner, v. Robin DUNNICK, Individually, and as Next Friend to Raynee Dunnick, and Dana Dunnick, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: January 12, 2024.

Attorney(s) appearing for the Case

Brian Gregory Jackson, Austin, for Amici Curiae Texas College of Emergency Physicians, American College of Emergency Physicians.

R. Brent Cooper, Dallas, Benjamin Passey, for Amici Curiae Texas Alliance for Patient Access, Texas Medical Association, Texas Osteopathic Medical Association, Texas Hospital Association.

Todd Turner , for Respondents Robin Dunnick, Individually, and as Next Friend to Raynee Dunnick, Dunnick, Dana.

David M. Walsh IV , Dallas, Mark Alan Keene , Austin, for Petitioner Marsillo, Kristy.

Kyle D. Highful , for Other interested party State of Texas.

By statute, a physician is not liable for injury to a patient "arising out of the provision of emergency medical care in a hospital emergency department" without proof that the physician acted "with willful and wanton negligence".1 The courts that have considered...

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