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)