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Attempt to Mask Negligence Theory As Breach of Warranty Claim Fails
A claim that health care providers failed to adhere to their warranty that they would keep a patient on a ventilator was an impermissible attempt to recast a medical malpractice claim as one for breach of warranty and dismissal of that claim was proper. Scott v. Beechnut Manor, 2005 Tex. App. LEXIS 4727 (6/21/05).
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