Sherman, Andrea v. Healthsouth Specialty Hospital, Inc. D/B/A Healthsouth Dallas Rehab Hospital
397 S.W.3d 869
| Tex. App. | 2013Background
- Sherman, as a HealthSouth patient, rode in a HealthSouth van from clinic to home and was injured when not properly secured.
- Driver brake event caused Sherman to be thrown from her wheelchair onto the van floor, injuring her shoulder, face, nose, and neck.
- Sherman sued HealthSouth alleging negligent securing of her and negligent entrustment of the van to the driver.
- Sherman amended to invoke res ipsa loquitur; HealthSouth moved to dismiss for failure to serve an expert report under §74.351(a)-(b).
- Trial court dismissed Sherman’s claims with prejudice; interlocutory appeal followed under §51.014(a)(9).
- Question presented: whether securing an invalid passenger in a van is a health care liability claim and whether res ipsa loquitur defeats the expert-report requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claims are health care liability claims under §74.351 | Sherman contends the van-transport injuries arise from general negligence, not health care. | HealthSouth contends the safety-related claims fall within health care liability scope. | Yes; Sherman’s claims are health care liability claims requiring an expert report. |
| Whether res ipsa loquitur defeats the expert-report requirement | Res ipsa loquitur eliminates need for expert report because seating/seatbelt is common knowledge. | Res ipsa loquitur is not an exception to §74.351’s expert-report requirement in health care claims. | Res ipsa loquitur does not remove the expert-report requirement; dismissal upheld. |
Key Cases Cited
- Texas West Oaks Hosp., LP v. Williams, 371 S.W.3d 171 (Tex. 2012) (defines safety prong beyond direct health care relation)
- Marks v. St. Luke’s Episcopal Hosp., 319 S.W.3d 658 (Tex. 2010) (three-component health care liability test; direct relationship etc.)
- Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (premises/ safety-related health care liability standards guidance)
- Murphy v. Russell, 167 S.W.3d 835 (Tex. 2005) (expert report threshold is procedural, not substantive proof)
- Garcia v. Marichalar, 198 S.W.3d 250 (Tex. App.—San Antonio 2006) (res ipsa loquitur not exempt from expert-report requirement)
- Hector v. Christus Health Gulf Coast, 175 S.W.3d 832 (Tex. App.—Houston [14th Dist.] 2005) (limits of res ipsa loquitur in health care claims)
- Haddock v. Arnspiger, 793 S.W.2d 948 (Tex. 1990) (definition of res ipsa loquitur requirements)