Legal Opinion

Turner v. Franklin

Texas Court of Appeals, 5th District (Dallas)

Decided November 9, 2010No. 05-08-00011-CVPublishedCited by 27 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MOSELEY.

For some health care liability claims arising from the provision of “emergency medical care,” the claimant must show by a preponderance of the evidence that the defendant deviated from the applicable standard(s) of care “with wilful and wanton negligence.” See Tex. Civ. Prac. & Rem. Code Ann. § 74.158 (Vernon 2005). 1 The issues before us on this appeal are: (1) do the plaintiffs’ health care liability claims arise from the provision of “emergency medical care” within the meaning of section 74.153; and, if the answer to that question is “yes,” then (2) what…

2Cases cited32 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. Ford Motor Co. v. RidgwayTexas Supreme Court · 2004
  4. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  5. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994

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3Cited by27 opinions

  1. Texas Health Presbyterian Hospital of Denton, Marc Wilson, M.D., and Alliance ob/gyn Specialists, Pllc D/B/A ob/gyn Specialists, Pllc v. D.A. and M.A., Individually and as Next Friends of A.A., a MinorTexas Supreme Court · 2018
  2. Burleson v. LawsonCourt of Appeals of Texas · 2016
  3. Tammy Crocker v. Thomas Babcock, IV, M.D., Longview Emergency Medicine Associates, Inc. and Good Shepherd Medical Center, Texas Court of Appeals, 6th District (Texarkana)2014
  4. Gregory Sage v. James R. Howard, M. D., Texas Court of Appeals, 8th District (El Paso)2015
  5. Christus Health Southeast Texas v. Licatino, Texas Court of Appeals, 9th District (Beaumont)2011

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

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