Baylor University Medical Center v. Sarah Lawton
2013 Tex. App. LEXIS 14500
| Tex. App. | 2013Background
- Lawton, a nurse, alleges workplace injuries from raw sewage backup and chemicals used by Baylor staff on the fourth floor.
- Baylor asserted Lawton’s claims are health care liability claims requiring an expert report under Chapter 74.
- Baylor moved to dismiss and seek attorney’s fees after the initial pleadings, arguing failure to file an expert report within 120 days.
- The associate judge denied the Chapter 74 motion; the trial court also denied, and Baylor appealed.
- The central issue is whether Lawton’s claims fall within Chapter 74’s scope as health care liability claims.
- The court ultimately held Lawton’s workplace-injury claim is not a health care liability claim and no expert report was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lawton’s claims fall within Chapter 74’s health care liability scope | Lawton’s injuries were unrelated to health care | Williams-based test makes it a health care claim | Not within Chapter 74; no expert report required |
Key Cases Cited
- Texas West Oaks Hosp., LP v. Williams, 371 S.W.3d 171 (Tex. 2012) (distinguishes ordinary negligence from health care liability claims; focus on nature of acts)
- Loaisiga v. Cerda, 379 S.W.3d 248 (Tex. 2012) (health care liability elements; safety claims not necessarily within Chapter 74)