Bob Sorokolit, M.d., Petitioner v. Janice S. Rhodes, Respondent

Summary

The Texas Supreme Court held that section 12.01(a) of the Medical Liability and Insurance Improvement Act bars DTPA claims against physicians only when the claim is based on negligence, not when it alleges knowing misrepresentation or breach of an express warranty. Accordingly, the Court affirmed the Court of Appeals' decision permitting the DTPA claims to proceed.