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Because a cause for breach of the duty not to injure is not a claim that the physician departed from an "accepted standard" within the the health care industry, the Texas Medical Liability Insurance Improvement Act is inapplicable. Moreover, the Texas Supreme Court has noted that the act does not apply to claims where no physician-patient relationship exists.
September 20, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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