Fourteen-year-old S.L.P. was admitted to Carrus Behavioral Hospital. Approximately one week later, she was discharged from Carrus’ inpatient program and transitioned to an outpatient program. She participated in counseling in the morning and did her schoolwork in the afternoon.
In the afternoon program, she met twenty-nine-year-old Joshua Grant, a “Patient Care Technician.” Grant’s job was to
monitor the children while they did their schoolwork. Grant did not provide any medical service to patients. Grant was hired for a position which involved direct contact with underage patients.
Plaintiff alleged that Carrus knew or should have known Grant was convicted of intentionally, knowingly, or recklessly causing bodily injury to another, a misdemeanor, in 2018. After Grant was hired, he was convicted of felony injury to
a child, elderly individual, or disabled individual.
During the time S.L.P. was being treated by Carrus, Grant allegedly coerced her to provide nude photos of herself. Later, he allegedly threatened to publish the photos unless S.L.P. had sexual relations with him. Outside the confines of the treatment center, Grant picked up S.L.P. from her home, drove her to a park, and sexually assaulted her.
The court determined S.L.P.’s claims were not health care liability claims (HCLCs), and thus subject to the expert
requirements of Section 74.351(a) of the Civil Practice and Remedies Code. Carrus appealed.
The Court of Appeals Fifth District of Texas at Dallas stated in its November 14, 2025 Opinion that a claim against a medical or health care provider for assault is not an HCLC if the record conclusively shows that (1) there is no complaint about any act of the provider related to medical or health care services other than the alleged offensive contact, (2) the alleged offensive contact was not pursuant to actual or implied consent by the plaintiff, and (3) the only possible relationship between the alleged offensive contact and the rendition of medical services or healthcare was the setting in which the act took place.
The Texas appellate court stated: “The failure to make the required inquiry into Grant’s history was only incidental to the rendition of health care services … While appellee asserts various hiring practice violations related to Grant’s employment, her complaints related to Grant concern only the alleged offensive conduct. She does not otherwise complain about the services provided to S.L.P. by Grant or Carrus … the only connection between Grant’s actions and the rendition of health care services was the fact that S.L.P. and Grant met while she was a patient in the outpatient program at Carrus. Otherwise, the alleged assault bore no relation to the patient relationship between Carrus and S.L.P. Grant’s actions occurred during hours S.L.P was not an active patient of Carrus and away from Carrus’ facility. It is true that, had Carrus never hired Grant or S.L.P. never undergone treatment at Carrus, Grant and S.L.P. may never have met. That, however, is the only relationship between the provision of health care services and S.L.P.’s alleged assault.”
“A claim against a medical or health care provider for assault is not an HCLC if the record conclusively shows that (1) there is no complaint about any act of the provider related to medical or health care services other than the alleged offensive contact, (2) the alleged offensive contact was not pursuant to actual or implied consent by the plaintiff, and (3) the only possible relationship between the alleged offensive contact and the rendition of medical services or healthcare was the setting in which the act took place. Loaisiga, 379 S.W.3d at 257. Here, there is no complaint about any act of the medical or health care provider other than the alleged offensive contact: an off-premises assault. There was no actual or implied consent by S.L.P. to be assaulted because she was a minor at the time. The only relationship between the assault and the rendition of medical services or healthcare was that S.L.P. met Grant at Carrus. Therefore, S.L.P.’s claims are not HCLCs and an expert report was not needed.”
“Because the present suit does not relate to the patient’s treatment, lack of treatment, or a departure from accepted standards of medical care, health care, safety, professional, or administrative services directly related to health care, it is not an HCLC. Accordingly, we affirm the trial court’s order of April 29, 2025, concluding appellee’s claims are not health care liability claims.”
Source Carrus Behavioral Hospital, LLC v. Stanley, No. 05-25-00569-CV.
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