Fulp v. Miller

OPINION ON REHEARING

Opinion on rehearing by

Justice GARZA.

After considering the motion for rehearing en banc filed by appellant, Raymond R. Fulp, III, D.O., we deny the motion; however, we withdraw our opinion and judgment of January 22, 2009, and substitute the following to make nondispositive clarifications.

I. Introduction

Appellants, Fulp and Columbia Rio Grande Healthcare, L.P. d/b/a Rio Grande Regional Hospital (the “Hospital”), appeal a judgment denying their motions to dismiss a health care liability claim filed by appellee, Robert Miller. By one issue, Fulp argues that the trial court…