The Court of Appeals Second Appellate District of Texas at Fort Worth (“Texas Appellate Court”) affirmed in its January 14, 2021 opinion that the defendant emergency room physician was entitled to summary judgment in a Texas medical malpractice wrongful death… Read More
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Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert Reports Were Sufficient
In Texas, a party who brings a health care liability claim shall “not later than the 120th day after each defendant’s original answer is filed, serve on that party or the party’s attorney one or more expert reports . …. Read More
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Texas Appellate Court Applies Heightened Standard Of Care In Dismissing Birth Injury Medical Malpractice Case
In a Texas medical malpractice case decided by the Texas Court of Appeals, Third District, at Austin (“Texas Appellate Court”) on February 10, 2021, the plaintiff argued that the trial court erred in determining that the medical care the defendants… Read More
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Texas Appellate Court Affirms Dismissal Of Medical Malpractice Case Because Plaintiff Failed to Follow Expert Disclosure Rule
The Texas Fourth Court of Appeals San Antonio, Texas (“Texas Appellate Court”) held in its Memoradum Opinion dated January 6, 2020, “appellants failed to establish that their expert witness was qualified under Rule 702 and therefore their expert cannot render… Read More
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Texas Heart Hospital And Its Management Company Agree To Pay $48M To Settle False Claims Act Allegations
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
