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Full-Text Articles in Law
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Journal of Health Care Law and Policy
No abstract provided.
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah
Journal of Health Care Law and Policy
No abstract provided.
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
St. Mary's Law Journal
Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …