After Kathleen Holcomb (“Holcomb”) was treated at Seton Medical Center (“Seton”), Seton employees transported Holcomb from the hospital back to her car. Unfortunately, while assisting Holcomb into her car, the employees dropped her, causing her to break her foot and ankle.
Holcomb sued Seton for negligence, alleging she was injured “as a patient” and “under the care” of Seton. Holcomb asserted that Seton’s employees had a duty to “properly transport” her from the hospital back to her car. Holcomb asserted that the standard of care required Seton to “assess” her for risk of falls and to take “necessary measures” to prevent a fall. Holcomb claimed this standard derived in part from certain provisions of the Administrative Code then in effect. These provisions, Holcomb explained, required hospitals like Seton to implement measures to promote a safe environment for patients and visitors. These measures included developing, implementing, and maintaining a Patient-Safety Program and providing patient-safety education and training to staff with responsibilities related to the Program.
Seton moved to dismiss under the Texas Medical Liability Act, arguing that Holcomb’s negligence claim is a health care liability claim and thus subject to the Act’s expert-report requirement. Tex. Civ. Prac. & Rem. Code § 74.351(a). Because Holcomb failed to timely serve an expert report, Seton argued, the trial court had to dismiss her claim. The trial court agreed, granted Seton’s motion, and dismissed Holcomb’s claim. Holcomb appealed.
The Texas Court of Appeals, Third District, stated in its August 27, 2025 Memorandum Opinion: “Seton’s alleged negligence occurred in the course of Seton employees performing a task with the purpose of protecting Holcomb from harm—safely transporting \Holcomb from the hospital to her car. Patients leaving hospitals often require and receive special assistance because their physical condition puts them at a risk for falls. Here, the entire point of Seton’s employees transporting Holcomb and assisting her into her car was to make sure she did not fall … Holcomb’s injuries occurred in a place where patients might be receiving care, implicating Seton’s duty to protect persons who require special, medical care. Texas courts have consistently recognized that the safe transport of patients to and from health care facilities is encompassed within the provision of health care … at the time of Holcomb’s injuries, she was in the process of receiving health care—assistance into her car … Seton’s alleged negligence is based on safety standards arising from professional duties owed by Seton as a health care provider. Holcomb alleges that Seton negligently failed to assess her for risk of falls and negligently failed to implement necessary measures to prevent her from falling. The duties to assess a person’s individual fall risk and implement corresponding measures to prevent that person from falling are specific to health care … Therefore, the allegations that Seton breached its standard of care by failing to assess Holcomb’s risk for falls and take necessary measures to prevent her fall are allegations of negligence based on safety standards arising from professional duties owed by Seton as a hospital and health care provider … Seton’s alleged negligence occurred in the course of Seton taking action or failing to take action necessary to comply with safety-related requirements set for health care providers by governmental or accrediting agencies.”
The Texas appellate court held “the trial court properly dismissed her claim with prejudice. See Tex. Civ. Prac. & Rem. Code § 74.351(a), (b).”
Source Holcomb v. Seton Medical Center, No. 03-24-00010-CV.
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