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FAILURE TO DIAGNOSE FRACTURE

Patient brought medical negligence action against physician, radiologist, and hospital for failure to diagnose broken bone in her foot and failure to cast her foot. The 189th District Court, Harris County, Richard Millard, J., granted defendants' motions for summary judgment and patient appealed. The Court of Appeals, Cohen, J., held that: (1) hospital's motion for summary judgment was affirmed where patient did not assign error to two of hospital's independent grounds that doctors were independent contractors and not hospital employees and that doctors were not ostensible agents of hospital; (2) radiologist's proof was insufficient to sustain summary judgment where he did not refute patient's allegation that he should have diagnosed broken bone in her foot; and (3) physician's proof was insufficient to sustain summary judgment where he did not explain why he failed to diagnose broken foot or cast patient's foot.

Affirmed in part, reversed and remanded in part.

OPINION

COHEN, Justice.

This is an appeal from a summary judgment in a medical malpractice case for the defendants, Memorial Southwest Hospital (the Hospital), Dr. Carl Hamilton, and Dr. William Pfeiffer. We affirm the Hospital's summary judgment. Because the doctors' summary judgment evidence was conclusory, we reverse and remand the claims against them.

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