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eBook details

• Title: In re Miller
• Author : In the Court of Appeals Ninth District of Texas at Beaumont
• Release Date : January 08, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

In this mandamus proceeding, the issue is whether the stay of discovery provision of the recently enacted Texas Medical Liability Act bars a plaintiff from taking the oral deposition of a defendant physician prior to the required expert report. See Tex. Civ. Prac. & Rem. Code Ann. 74.351(s), (u) (Vernon Supp. 2004). Sandra Edgerton filed a medical malpractice suit against Dr. Barry R. Miller. Edgerton sought the oral deposition of Miller, and Miller filed a motion to quash. Edgerton filed a motion to compel. The trial court signed an order compelling the oral deposition. Miller filed this petition for writ of mandamus.

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