DHS Management Services, Inc., Diagnostic Health Services, Inc., Mobile Diagnostic Systems, Inc., and Jennifer Hjarpe v. Heather Castro
435 S.W.3d 919
| Tex. App. | 2014Background
- DHS Management Services, Inc., Diagnostic Health Services, Inc., Mobile Diagnostic Systems, Inc., and Jennifer Hjarpe appeal the denial of their motion to dismiss Castro's claims under the Texas Medical Liability Act (TMLA).
- Castro sues for injuries from a June 27, 2010 automobile collision caused by Hjarpe driving a DHS van, alleging negligence and theories of negligent entrustment and respondeat superior.
- DHS and Hjarpe argued Castro's claims are health care liability claims requiring an expert report under §74.351, and Castro contended the claims are not health care liability claims.
- The trial court denied the motion to dismiss; the appellate court reviews de novo whether the claims fall within TMLA’s health care liability claim definition.
- The court ultimately held Castro's claims are not health care liability claims, so the expert report requirement does not apply, and affirmed the trial court’s denial of dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Castro's claims health care liability claims under the TMLA? | Castro argues the claims are not health care related. | Castro's injury relates to health care services via DHS's imaging mobility. | No; claims are not health care liability claims. |
| If health care liability, must Castro serve an expert report within 120 days? | N/A | N/A | N/A |
Key Cases Cited
- Sherman v. HealthSouth Specialty Hosp., Inc., 397 S.W.3d 869 (Tex. App.—Dallas 2013) (connection to health care services governs health care liability claim)
- Texas West Oak Hospital, LP v. Williams, 371 S.W.3d 171 (Tex. 2012) (safety claims can be health-related but not completely unrelated to health care)
- Loaisiga v. Cerda, 379 S.W.3d 248 (Tex. 2012) (claims must relate to provision of health care; mere health-care setting insufficient)
- Yamada v. Friend, 335 S.W.3d 192 (Tex. 2010) (heart of analysis is whether acts relate to health care delivery)