Texas medical malpractice laws Archives - Page 3 of 4

Texas Appellate Court Rules Medical Malpractice Expert Was Qualified To Render Opinions

April 19, 2022

The plaintiff in a Texas medical malpractice case filed against a hospital alleged that had Methodist Hospitals of Dallas d/b/a Methodist Mansfield Medical Center (MMMC) had proper policies, procedures, and training in place, those policies would have dictated proper diagnostic testing that would ha[...]

Texas Appellate Court Upholds That Fraud Claim Against Hospital Was Health Care Liability Claim

March 8, 2022

The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its January 6, 2022 Memorandum Opinion in a Texas medical malpractice case: “Because Soliz’s negligent credentialing claims are HCLCs [health care liability claims][...]

Texas Appellate Court Allows Premmie Wrongful Death Lawsuit To Proceed

January 5, 2022

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its opinion dated November 23, 2021 in a medical malpractice wrongful death lawsuit for the death of a premature baby in the NICU: “we conclude the trial court acted within its discretion in concluding the expe[...]

Texas Appellate Court Holds Medical Malpractice Plaintiffs’ Expert’s Report Insufficient In Newborn Death Case

December 18, 2021

The Texas Fourteenth Court of Appeals (“Texas Appellate Court “) held in its October 12, 2021 opinion that the Texas medical malpractice plaintiffs’ expert’s report, which was required by section 74.351 of the Civil Practice and Remedies Code, “does not contain sufficie[...]

Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert Reports Were Sufficient

March 8, 2021

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 . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a). The claimant must[...]

Texas Appellate Court Applies Heightened Standard Of Care In Dismissing Birth Injury Medical Malpractice Case

March 7, 2021

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 provided to treat her post-C-section he[...]

Texas Appellate Court Affirms Dismissal Of Medical Malpractice Case Because Plaintiff Failed to Follow Expert Disclosure Rule

February 13, 2021

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 an opinion on causatio[...]

Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice

November 1, 2020

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 failure to serve an expert r[...]

Texas Appellate Court Holds Claim Against Esthetician Was Not A Health Care Liability Claim

August 16, 2020

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 relationship, G[...]

Texas Supreme Court Reverses $2.7M Brachial Plexus Birth Injury Medical Malpractice Verdict

March 16, 2020

On February 21, 2020, the Supreme Court of Texas (“Texas Supreme Court”) reversed a Texas medical malpractice jury’s verdict in the total amount of $2.7 million in a brachial plexus birth injury case, holding that Texas Civil Practice and Remedies Code section 74.153’s standard o[...]

Texas Supreme Court Holds Bridal Shop’s Ebola-Related Claim Against Hospital Was A Medical Negligence Claim

March 15, 2020

In September 2014, the defendant hospital cared for a patient who was infected with the Ebola virus. A nurse who attended the patient at the hospital later visited a bridal shop in Ohio. Upon returning to Dallas, the nurse became ill and was diagnosed as having contracted the virus and recovered aft[...]

Texas Appellate Court Rules Defendant Hospital Entitled To Sovereign Immunity From Medical Malpractice Wrongful Death Lawsuit

January 27, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its Memorandum Opinion dated December 31, 2019 that “the gravamen of [the Texas medical malpractice wrongful death plaintiff’s] complaint is that the diagnosis and treatment of decedent Tracy Crawford&#[...]

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Tag: Texas medical malpractice laws