Senior Care Centers, LLC and Midland SCC, LLC v. Cynthia Shelton and Betsy Taylor, Both Individually and on Behalf of the Estate of Carolyn McCain
2015 Tex. App. LEXIS 2177
| Tex. App. | 2015Background
- This is an interlocutory appeal of the trial court’s denial of a motion to dismiss health care liability claims under Texas TMLA chapter 74.
- Carolyn McCain, who suffered a stroke and myocardial infarction, was admitted to Senior Care Center on November 14, 2011 with orders NPO (no oral feeding).
- McCain was found in respiratory distress on November 17, 2011 and died after aspiration; alleged breach related to improper feeding and failure to follow NPO status.
- Plaintiffs sued Senior Care Center in November 2013 for negligence and served an expert report by Dr. David Mansfield; the trial court sustained objections and required amended reports.
- Plaintiffs filed first amended (Jan 29, 2014) and second amended (Feb 23, 2014) expert reports; the trial court initially denied the motion to dismiss, then this interlocutory appeal followed.
- The court ultimately held the expert reports failed to adequately address standard of care, breach, and causation, and reversed to dismiss with an award of attorneys’ fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expert report adequately states the standard of care and breach | McCain; the reports identify the standard and breach. | Senior Care Center; the reports lack specificity and rational link to breach. | Reports deficient; dismissal warranted |
| Whether the expert report adequately addresses causation | Mansfield links neglect to death via aspiration. | No clearly stated causal relationship; conclusions are conclusory. | Causation not adequately described; dismissal warranted |
Key Cases Cited
- Jernigan v. Langley, 195 S.W.3d 91 (Tex. 2006) (abuse of discretion standard for expert report dismissals)
- Palacios, 46 S.W.3d 873 (Tex. 2001) (good faith effort required; four-corners rule)
- Samlowski v. Wooten, 332 S.W.3d 404 (Tex. 2011) (good faith effort; avoid inconclusive reports)
- Kingwood Pines Hosp., LLC v. Gomez, 362 S.W.3d 740 (Tex. App.—Houston [14th Dist.] 2011) (require explanation linking standard to breach)
- Walgreen Co. v. Hieger, 243 S.W.3d 183 (Tex. App.—Houston [14th Dist.] 2007) (equal inference concerns; rational basis required)
- Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010) (eliminate equally possible explanations with medical evidence)
- Tenet Hosp. Ltd. v. Love, 347 S.W.3d 743 (Tex. App.—El Paso 2011) (causation must be clearly stated, not inferred)
- Kerlin v. Arias, 274 S.W.3d 666 (Tex. 2008) (affidavits cannot substitute for medical evidence)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (scintilla standard for circumstantial evidence)