The U.S. Department of Justice announced on December 18, 2020 that Texas Heart Hospital of the Southwest LLP, a partially physician-owned hospital in Plano, Texas, and its wholly owned subsidiary, THHBP Management Company, LLC (collectively, the “Heart Hospital”) have agreed… Read More
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Texas Appellate Court Rules Workers Comp Carrier Did Not Waive Subrogation For Medical Malpractice Claim
The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) ruled in its Memorandum Opinion dated October 2, 2020: “The waiver in this case applied only to any “person or organization for whom the Named Insured has… Read More
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Texas Appellate Court Upholds $5M Jury Award For 10 To 15 Seconds Of Awareness Of Impending Death
The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”), in its opinion dated August 18, 2020, upheld a jury’s award in the amount of $5 million for a victim’s ten to fifteen seconds of awareness of… Read More
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Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice
The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its opinion filed on August 27, 2020: “A psychiatrist challenges the trial court’s denial of his motion to dismiss a patient’s claims under the Texas Medical Liability Act for… Read More
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Texas Appellate Court Overturns New Trial Order After Medical Malpractice Defense Verdict
The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”), in its opinion dated September 17, 2020, held “the jury’s verdict was supported by factually sufficient evidence, and the trial court impermissibly substituted its judgment… Read More
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Texas Appellate Court Holds Claim Against Esthetician Was Not A Health Care Liability Claim
The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion filed on July 9, 2020 that “[b]ecause Gaytan’s [plaintiff’s] claims are based on the alleged acts or omissions of an esthetician not related to a physician-patient… Read More
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Texas Medical Malpractice Lawsuit Filed For Infant’s Brain Injury Suffered In Hospital
A federal medical malpractice lawsuit was filed in Texas on May 19, 2020 regarding the severe brain injury suffered by an infant in the defendant hospital shortly after undergoing a cardiac procedure. The Texas federal medical malpractice lawsuit alleges that… Read More
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Texas Appellate Court Affirms Medical Malpractice Defense Verdict For Consulting Physician
In its opinion dated April 30, 2020, the Court of Appeals Eighth District of Texas El Paso, Texas (“Texas Appellate Court”) affirmed the defense verdict for a consulting physician in a Texas medical malpractice case, holding that the plaintiff “has… Read More
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Texas Supreme Court Discusses Proper Application Of Statutory Reductions Of Medical Malpractice Jury Verdicts
The Supreme Court of Texas (“Texas Supreme Court”), in its opinion dated May 8, 2020, discussed the proper method of applying the required statutory reductions of a Texas medical malpractice jury’s verdict in favor of the plaintiff where some of… Read More
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Texas Appellate Court Says Slip On Liquid On Floor In Hospital While Walking To Procedure Room Is A Medical Malpractice Claim
The Texas Fourteenth Court of Appeals (“Texas Appellate Court”), in its Majority Opinion dated March 26, 2020, held that the plaintiff’s claim that the defendant hospital was negligent as a result of her fall due to a liquid on the… Read More
