Hospitals Have Mandamus Relief: Texas High Court

Law360, New York (May 20, 2008, 12:00 AM EDT) -- In a 6-3 opinion handed down Friday, the Supreme Court of Texas conditionally granted McAllen Medical Center's writ of mandamus, ruling that mandamus relief is available to hospitals when the purposes of the rules governing health care would otherwise be defeated.

The high court found that the trial court had abused its discretion in rejecting McAllen's motion to dismiss on the grounds that the plaintiffs' reports, required by state statute, were allegedly flawed.

In recent years, the state Supreme Court has denied several petitions seeking mandamus...
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