[DOWNLOAD] "Bay Area Healthcare Group" by In the Supreme Court of Texas ~ Book PDF Kindle ePub Free

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eBook details

• Title: Bay Area Healthcare Group
• Author : In the Supreme Court of Texas
• Release Date : January 08, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

In this medical malpractice case, Deborah Sue McShane and James Patrick McShane, individually and as next friends of their daughter, Maggie Yvonne McShane, sued Bay Area Healthcare Group, Ltd., Columbia Hospital Corporation of Bay Area, and South Texas Surgicare, Inc. (collectively, "Bay Area") to recover for injuries that Maggie allegedly sustained during her birth at a Bay Area Healthcare Group hospital. After a jury found in the hospital's favor, the trial court signed a take-nothing judgment. The court of appeals reversed, holding that the trial court abused its discretion in admitting evidence that two doctors involved in the incident were originally sued by the plaintiffs, but were nonsuited before trial. 174 S.W.3d 908, 912. Bay Area presents several issues on appeal: (1) whether the court of appeals misapplied the Texas Rules of Evidence regarding the admissibility of information in superseded pleadings; (2) whether the court of appeals incorrectly concluded that the error was harmful; and (3) whether the court of appeals misapplied Texas Rule of Appellate Procedure 44.1. We hold that the trial court did not abuse its discretion in admitting information from the superseded pleadings. Because that issue is dispositive, we do not reach Bay Area's remaining complaints.

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