Legal Opinion

In Re Nance

Texas Court of Appeals, 3rd District (Austin)

Decided August 12, 2004No. 03-04-00366-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

PEMBERTON, Justice.

In this mandamus proceeding arising out of a medical malpractice death action, we are asked to vacate an order denying a motion to quash a defendant’s request for the deceased’s psychiatric records. Based on the governing law as applied to the present record, we will conditionally grant the writ.

BACKGROUND

Rozene Nance died on August 6, 2002, at the age of forty-three, after undergoing a laparoscopic cholecystectomy 1 performed by Dr. Lan Nguyen at Rollins Brook Community Hospital on the evening of August 5. It is alleged that Ms. Nance presented herself to the…

2Cases cited20 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  3. Ex Parte AbellTexas Supreme Court · 1981
  4. Peeples v. Honorable Fourth Supreme Judicial DistrictTexas Supreme Court · 1985
  5. Ginsberg v. Fifth Court of AppealsTexas Supreme Court · 1985

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3Cited by28 opinions

  1. In Re Texas Mutual Insurance Co., Texas Court of Appeals, 3rd District (Austin)2004
  2. Pleasant v. Bradford, Texas Court of Appeals, 3rd District (Austin)2008
  3. In Re Toyota Motor Corp., Texas Court of Appeals, 10th District (Waco)2006
  4. In re CauleyCourt of Appeals of Texas · 2014
  5. Fred Villanova v. FDIC as Receiver for Home Savings of America, Texas Court of Appeals, 8th District (El Paso)2014

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