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Supreme Court of Texas


Klein v. Hernandez, 08-0453

Decision by the court of appeals, holding that a resident physician, working at a public hospital under an agreement with his private medical school, may not take an interlocutory appeal as though he were a state employee, is reversed as, under the Texas Health and Safety Code, a resident physician at a private medical school is to be treated like a state employee for purposes of section 51.014(5) when the underlying litigation arises from a residency program coordinated through a supported medical school at a public hospital.

Appellate Information

  • Argued 10/07/2009
  • Decided 05/07/2010
  • Published 05/07/2010

Judges

  • Justice MEDINA delivered the opinion of the Court.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • M. Karinne McCullough, Theresa Chang, Cameron Phair Pope, Jeffrey B. McClure, Laura M. Trenaman, Elizabeth A. Wiley, Andrews & Kurth, L.L.P., Marion Woodrow Kruse Jr., Alicia T. Freed, Kruse Law Firm, PC, Houston TX, for Petitioner.

  • For Appellees:
  • Robert J. Talaska, Theodore G. Skarbowski, Timothy Lyle Culberson, The Talaska Law Firm, P.L.L.C., Houston TX, Attorney for Respondent.
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