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In re Estate of Magness – Case Brief Summary (Texas)

In In re Estate of Magness, 918 S.W.2d 5 (Tex. App.-Houston 1st Dist. 1995, writ denied), a patient was under the psychiatric care of the defendant psychiatrist for depression from May 1986 through July 1989. See id. at 8.

Throughout this course of treatment, the psychiatrist prescribed medication for the patient. See id.

The patient's last office visit with the defendant was on July 13, 1989, and the defendant last prescribed medication for the patient on July 15, 1989. See id.

The patient last filled that prescription on July 24, 1989. See id. On July 28, 1989, the patient hung herself, leaving her brain-dead and comatose. See id.

The patient died two days later. See id. The Houston court held, as a matter of law, that the patient's cause of action accrued against the defendant psychiatrist on July 28, 1989. See id.