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The evidence is sufficient to support a finding that actual notice either was received by, or could be imputed to, the hospital district. Because the disputed fact issue of which nurse, if any, handed the doctor the syringe was central to the jurisdictional and liability issues, it also was within the trial court's discretion to allow a finding on this issue to await a fuller development of the evidence on the merits.
October 20, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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