Good Shepherd Medical Center - Linden, Inc. v. Bobby Twilley
422 S.W.3d 782
| Tex. App. | 2013Background
- Twilley, while Director of Plant Operations at Good Shepherd Linden, injured on hospital premises in 2009 and again in 2010.
- Plaintiff sued for negligence per se, premises liability, and gross negligence.
- Good Shepherd moved to dismiss for lack of an expert report under the Texas Medical Liability Act (TMLA).
- Trial court denied the motion; Good Shepherd appealed interlocutorily.
- Texas Supreme Court’s Williams decision guides whether a safety claim can fall under the TMLA even if not health-care related.
- Court affirms, holding Twilley’s OSHA-related safety claim is not sufficiently related to health care to fall within the TMLA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Twilley’s safety claim falls under the TMLA. | Williams extends HCLC to nonpatients. | Claim is not health-care related; no HCLC. | Not within the TMLA; safety claim untethered to health care. |
Key Cases Cited
- Texas West Oaks Hospital, LP v. Williams, 371 S.W.3d 171 (Tex. 2012) (defines HCLC scope, safety may be indirectly related to health care)
- Williams v. Tex. West Oaks Hosp., 371 S.W.3d 171 (Tex. 2012) (safety component of HCLCs may be indirectly related to health care; patient-specific context matters)
- Kerrigan v. Memorial Hermann Health Sys., 383 S.W.3d 611 (Tex. App.—Houston [14th Dist.] 2012) (hospital safety claims analyzed under HCLA; expert report requirements may apply)
- Loaisiga v. Cerda, 379 S.W.3d 248 (Tex. 2012) (clarifies not all injuries in a health care setting are health care claims)
- Rubio v. Diversicare Gen. Partners, Inc., 185 S.W.3d 842 (Tex. 2005) (safety standards in health-care contexts implicate HCLC scope)