In JSC Lake Highlands Operations, LP v. Miller, a Texas appellate court considered causation in a wrongful death case. The case arose when a woman was discharged from the hospital and admitted to JSC (the defendant’s facility) for rehabilitation. The following month, she received a phone call from her daughter,…
In Durham v. Children’s Medical Center of Dallas, a Texas appellate court considered whether the Texas Constitution’s Open Courts Clause stopped the statute of limitations from running in a deceased 12-year-old’s survival and wrongful death claims against her health care providers. The case arose from the medical care of the…
In Christus v. Baird, a hospital appealed from a Texas trial court’s order related to expert reports in a medical malpractice case. The case arose when the plaintiff had surgery to remove a part of her thyroid gland. The surgeon didn’t remove the correct lobe but instead removed the thymus…
In Quiroz v. Llamas-Soforo, a Texas appellate court considered a medical malpractice action brought by a mother on behalf of her son against a doctor. The son was born prematurely at 24 weeks and had less than a 50% chance of survival. He suffered from severe problems, including respiratory distress…
In Mangin v. Wendt, the court considered a medical malpractice appeal. The trial court had ruled that the plaintiff’s medical expert reports that were filed in connection with the suit were sufficient, and the case could go forward. The doctors appealed. The decedent was admitted to the hospital with chest…
In Verticor, Ltd. v. Wood, an appellate court considered whether personal injury lawsuits against a medical device manufacturer count as health care liability claims for the purposes of the Texas Medical Liability Act (TMLA). The case arose when a surgeon treated a herniated disc in the plaintiff’s lumbar spine by…
In Pisharodi v. Saldana, a Texas appellate court considered a medical malpractice case arising out of a 54-year-old woman’s death. The lawsuit was brought by the woman’s surviving children against the woman’s neurosurgeon. The neurosurgeon had treated the pain suffered by the woman in her lower back. He prescribed physical…
In Cook v. Neely, a woman sued a neurosurgeon for health care liability and fraud. The case arose when the plaintiff experienced pain in her hip, leg, and lower back. She sought care from the neurosurgeon, who performed surgery on her, removing her herniated disc and placing two medical devices…
In Nexion Health at Garland, Inc. v. Townsend, a 69-year-old Texas woman was admitted to a rehabilitation center after a back surgery. The center assessed her as a high fall risk with good potential for rehabilitation, and two people were required to assist with transfers. She was found to have…
In University of Texas Health Science Center at Houston v. Cheatham, the appellate court considered the dismissal of a plaintiff’s health care liability claim based on immunity. The plaintiff had received a partial left heart bypass surgery by two employee doctors at the Health Science Center in 2008. Nurses helped doctors…