Legal Opinion

McGlothlin v. Cullington

Texas Court of Appeals, 3rd District (Austin)

Decided April 1, 1999No. 03-98-00205-CVPublishedCited by 36 opinions

1Opinion of the Court

MACK KIDD, Justice.

Wysonga McGlothlin, appellant, appeals the trial court’s dismissal for want of prosecution of her medical negligence claim against Dr. James Cullington, appellee. We will affirm.

BACKGROUND

The resolution of this case depends largely upon the statutory requirements of the Texas Medical Liability and Insurance Improvement Act (the “Act”); 1 accordingly, a brief summary of the facts should prove sufficient. As a result of a malignant tumor, Ms. McGlothlin, in two surgical procedures per formed by physicians not a party to this suit, had breast tissue removed from and a breast…

2Cases cited9 opinions

  1. Sax v. VottelerTexas Supreme Court · 1983
  2. Bowles v. BourdonTexas Supreme Court · 1949
  3. Hart v. Van ZandtTexas Supreme Court · 1965
  4. Enron Corp. v. Spring Independent School DistrictTexas Supreme Court · 1996
  5. Horsley-Layman v. Angeles, Texas Court of Appeals, 6th District (Texarkana)1998

4 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Herrera v. Seton Northwest Hospital, Texas Court of Appeals, 3rd District (Austin)2006
  2. Strom v. Memorial Hermann Hospital System, Texas Court of Appeals, 1st District (Houston)2003
  3. Schorp v. Baptist Memorial Health System, Texas Court of Appeals, 4th District (San Antonio)1999
  4. Bogar v. Esparza, Texas Court of Appeals, 3rd District (Austin)2008
  5. Smalling v. GardnerCourt of Appeals of Texas · 2005

31 more not listed; retrieve them via the Exa API.

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