reverse and remand.  
I.  FACTS
         The underlying suit in this dispute involves a claim of medical malpractice
resulting from an ineffective vasectomy and subsequent faulty medical advice, which
resulted in two wrongful pregnancies.  
         In March 1998, Alejandro Santos underwent a vasectomy in a clinic located in
Hidalgo County, Texas.  Alejandro claims that his urologist, Dr. Roger Vitco, failed to
advise him to refrain from sexual relations immediately following the procedure. 
Alejandro, believing that the procedure was immediately effective, resumed sexual
relations with his wife, Monica, who then became pregnant after the vasectomy and
gave birth in December 1998.  Following the birth of this child, Alejandro underwent
a fertility test in order to determine whether the vasectomy had eventually become
effective.  The test showed that Alejandro was still fertile.  Due tohis dissatisfaction
with the doctor’s past performance, Alejandro then decided to seek a second opinion
before undergoing a second vasectomy and was referred to Dr. Madelyn Holzman.  Dr.
Holzman, who practices and lives in Cameron County, Texas, examined Alejandro. 
The Santoses allege that Dr. Holzman told Alejandro that he was infertile and could
resume sexual relations with his wife.  She then had him submit to a sperm count,
which, when conducted a few days later, tested positive for fertility.  However,
according to the Santoses, these results were never reported to Alejandro.  Because
he had been assured of his infertility by Dr. Holzman, Alejandro resumed sexual
relations with his wife.  About a year after Dr. Holzman’s examination and diagnosis,
Monica again became pregnant and, in August 2001, gave birth to another child.
         During this