Rafath Quraishi, M.D. v. San Juanita Ochoa
13-20-00405-CV
| Tex. App. | Aug 31, 2021

Background

  • Ochoa worked ~5 years for Dr. Rafath Quraishi at Miramar Interventional Pain Center and sued for assault and false imprisonment after a June 2018 incident.
  • Ochoa alleges Quraishi grabbed her shoulder, pushed and shook her, locked a door to prevent her leaving, and she left when her son freed her.
  • Quraishi contended Ochoa had taken patient files (allegedly returned after police inspection) and insisted the claims implicate patient records and clinic operations.
  • Ochoa filed suit Oct. 30, 2019; Quraishi answered and moved to stay/dismiss arguing the suit is a health-care-liability claim (HCLC) requiring an expert report under Tex. Civ. Prac. & Rem. Code § 74.351.
  • The trial court denied Quraishi’s motions to stay and to dismiss for lack of an expert report; Quraishi appealed the denial of the dismissal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Ochoa’s assault/false-imprisonment suit is a health-care-liability claim triggering § 74.351 expert-report requirement Ochoa: claims are intentional torts unrelated to medical treatment or professional care; no expert report required Quraishi: as a healthcare provider, the incident involved patient records and clinic operations, creating a presumption the claim is HCLC and needs an expert report Court: Not an HCLC. Ochoa conclusively rebutted the Loaisiga presumption—no complaint about medical care, no consent, only relation is the clinic setting; affirm denial of dismissal

Key Cases Cited

  • Baylor Scott & White, Hillcrest Med. Ctr. v. Weems, 575 S.W.3d 357 (Tex. 2019) (explains presumption that claims implicating conduct during patient care may be HCLCs)
  • Loaisiga v. Cerda, 379 S.W.3d 248 (Tex. 2012) (sets three-part test to rebut HCLC presumption for assault claims)
  • Texas West Oaks Hosp., L.P. v. Williams, 371 S.W.3d 171 (Tex. 2012) (defines elements of an HCLC and focuses on gravamen of the claim)
  • Am. Transitional Care Ctrs. of Tex. v. Palacios, 46 S.W.3d 873 (Tex. 2001) (discusses expert-report threshold function under the Medical Liability Act)
  • Jernigan v. Langley, 195 S.W.3d 91 (Tex. 2006) (standard of appellate review for § 74.351 dismissal motions)
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