On April 22, 2024, Glenda Dickenson, a seventy-four-year-old woman, attended a scheduled, medical appointment with Marco Chavez, M.D., her primary care physician. She “presented with complaints about her blood pressure and pain in her spine and hips.” During her appointment, Dickenson and Chavez were alone in the examination room. Chavez instructed her to stand up and, without an explanation about what he was doing, walked behind her, pressed his body against hers, and “massaged her shoulders, back[,] and hips . . . for several minutes.” As he did so, Dickenson alleges that Chavez pressed his erect penis against her buttocks and, afterward, seemingly appeared to adjust his erection.” Before leaving the examination room, Chavez embraced Dickenson, which she notes, he never did prior to this visit.
On December 19, 2024, Dickenson filed a lawsuit in which she alleged that Chavez’s actions, to which she did not consent, constituted assault, which caused her to suffer injuries. Chavez answered, asserting a general denial. On August 20, 2025, Chavez filed a motion to dismiss Dickenson’s suit. In his motion, he argued that her suit constituted a health care liability claim and she failed to serve him with the required, expert report pursuant to Texas Civil Practice and Remedies Code, Section 74.351(a). Dickenson responded, arguing that her suit did not constitute a health care liability claim and, thus, she was not required to serve Chavez with such an expert report. The trial court held a hearing on the matter and, upon considering the parties’ arguments, denied Chavez’s motion.
The Court of Appeals Twelfth Court of Appeals District Tyler, Texas stated in its May 20, 2026 Memorandum Opinion: “Dickenson alleged that she was a regular patient of Chavez’s. She came to Chavez that day complaining of, among other things, spine and hip pain. She alleged that during her appointment, Chavez walked behind her, pressed his body against hers, and “massaged her shoulders, back[,] and hips . . . for several minutes.” As he did so, Dickenson alleges that Chavez pressed his erect penis against her buttocks. Unlike the plaintiff in Wilson, Dickenson filed no expert report. See id.at *1. But based on the medical records attached to Chavez’s motion, it is reasonable to conclude that the alleged conduct Dickenson characterizes as “massage” occurred as part of a physical examination related to her complaints of spine and hip pain. See Loaisiga, 379 S.W.3d at 256 (during examination for purpose of diagnosing or treating patient’s condition, medical provider almost always will touch patient intentionally, frequently, in places and in ways that would be assaults were it not for actual or implied consent of patient in context of medical relationship; provider may need to examine parts of patient’s body that might not be anticipated by person who lacks medical training). And, as in Wilson, it also is possible the contact Dickenson characterizes as “massage” was not part of Chavez’s examination. See Wilson, 2025 WL 899849, at *3. Accordingly, this issue cannot be determined without reference to the standard of care required of a treating physician. See id.(citing Vanderwerff, 239 S.W.3d at 408). Thus, because we cannot determine that Dickenson’s allegations are conclusively inconsistent with and separable from Chavez’s medical examination, we conclude that she cannot rebut the presumption that her allegations amount to a health care liability claim.”
“In sum, based on our review of Dickenson’s pleadings and the record, as well as our consideration of the underlying nature of her claim, we conclude as a matter of law that she cannot overcome the presumption that her claim amounts to a health care liability claim because none of the wrongful conduct she alleged Chavez committed is separable from the provision of medical or health care services. See Weems, 575 S.W.3d at 363; see also Loaisiga, 379 S.W.3d at 255–57. As a result, Dickenson was required to serve Chavez with a compliant expert report not later than 120 days after Chavez filed his original answer. See TEX.CIV.PRAC.&REM.CODE ANN. § 74.351(a). Because she failed to do so, we hold that the trial court abused its discretion by denying Chavez’s motion to dismiss.”
Source Chavez, M.D. v. Dickinson, No. 12-25-00284-CV.
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