[DOWNLOAD] "Brocail V. Anderson" by In the Fourteenth Court of Appeals of the State of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Brocail V. Anderson
- Author : In the Fourteenth Court of Appeals of the State of Texas
- Release Date : January 11, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In this appeal we must consider if a Michigan doctor, by agreeing to prescribe post-operative physical therapy through a Texas health care provider, had sufficient contacts with Texas to be subject to personal jurisdiction in the courts of this State. Douglas K. Brocail, formerly a pitcher for the Detroit Tigers, sued appellees Kyle Anderson, M.D., Henry Ford Health System, and the Center for Athletic Medicine,*fn1 all medical care providers for the Detroit Tigers, alleging that he sustained physical injury resulting from their medical negligence, gross negligence, and fraud in failing to discover or treat a torn ligament in his elbow and in failing to inform him of the full extent of his injury. The trial court granted appellees' special appearance and dismissed the claims against them. On appeal, Brocail argues that appellees' contacts with Texas were sufficient to confer personal jurisdiction over them because Anderson, a doctor employed by the Henry Ford Health System and the Center for Athletic Medicine, prescribed, approved, and monitored his post-surgery physical therapy in Texas for approximately three months. Finding that the physical therapy Anderson prescribed was follow-up physical therapy for elbow surgeryCand that the follow-up care was done in Texas at Brocail's request and without any monetary benefit to AndersonCwe affirm.