Ted Smith, D.O. And Austin Regional Clinic, P.A. v. Janet Lynn Wilson

OPINION

DAVID PURYEAR, Justice.

Appellants Ted Smith, D.O., and Austin Regional Clinic (“ARC”) appeal from the denial of their motion to dismiss appellee Janet Lynn Wilson’s suit for medical malpractice. We reverse the trial court’s order and remand for dismissal and determination of attorney’s fees.

Factual and Procedural Background

On August 6, 2007, Wilson’s son, Keith Michael Harris, went to see Dr. Smith, complaining of depression and stress. Harris was twenty-three years old and had recently broken up with his girlfriend. Smith prescribed fluoxetine 1 with twelve refills and did not…