Harris Methodist Fort Worth v. Ollie, 342 S.W.3d 525

Ollie underwent total knee arthroplasty at Harris Methodist Hospital and allegedly slipped on a wet bathroom floor during post-operative confinement, injuring her right shoulder.
She filed suit asserting a general negligence duty to provide a safe environment and a separate section labeled as a medical malpractice claim based on the same facts.
Ollie sent a statutory notice under Texas Civil Practice & Remedies Code § 74.051(a) and later amended her petition to drop the medical malpractice allegations.
Harris Methodist moved to dismiss for failure to serve an expert report, as required for a health care liability claim (HCLC) under § 74.351(a).
The trial court denied the motion; the court of appeals affirmed, holding Ollie’s claim was for ordinary negligence, not an HCLC, with a dissenting view that it was an HCLC.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ollie’s safety claim is an HCLC under § 74.001(a)(13).	Ollie: not an HCLC; pleading framed as ordinary negligence.	Harris Methodist: safety claim directly related to health care, thus an HCLC.	Yes; the claim is an HCLC and requires an expert report.

Diversicare v. Rubio, 185 S.W.3d 842 (Tex. 2005) (health care definition broad; safety related to care)
Garland Cmty. Hosp. v. Rose, 156 S.W.3d 541 (Tex. 2004) (form of pleading cannot control HCLC determination; underlying claim governs)
Yamada v. Friend, 335 S.W.3d 192 (Tex. 2010) (underlying nature of claim controls HCLC status; cannot rely on pleading form)