Simmons v. TEXOMA MEDICAL CENTER
2010 Tex. App. LEXIS 9438
| Tex. App. | 2010Background
- Simmons sued Texoma Medical Center for death of Brandon Scruggs during hospital treatment.
- Scruggs overdosed on Loxapine and was treated in the emergency room with soft restraints and charcoal.
- After restraints were applied, Scruggs broke free, was subdued, and Scruggs stopped breathing; resuscitation failed.
- Simmons filed suit on Feb. 5, 2008 alleging hospital negligence in training/retaining staff and related theories, seeking Level 2 discovery.
- Hospital objected to producing policies and procedures pending an expert report; hospital sought Level 3 discovery plan and later dismissal under Chapter 74.351.
- Simmons amended the petition to add a patient’s bill of rights claim; trial court dismissed the case for lack of a proper expert report; Simmons appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claims are health care liability claims under Chapter 74 | Simmons argues actions were safety/discipline not medical care. | TMC contends actions occurred during medical care and are HC liability. | Yes; claims are HC liability claims. |
| Whether the patient’s Bill of Rights claim was properly sua sponte dismissed | Simmons argues the court lacked authority to dismiss new claim without amendment. | TMC contends dismissal broad enough to encompass new claim. | Dismissal proper; Issue is overruled. |
| Whether discovery was improperly denied or stayed pending expert report | Simmons argues entitlement to discovery of policies/procedures. | TMC argues discovery stayed until a compliant expert report is served. | No abuse of discretion; discovery stayed. |
| Whether the court properly denied a 30-day extension to cure the expert report | Simmons seeks extension due to deficient report by unqualified expert. | TMC asserts no good faith effort and lack of diligence; extension denied. | No abuse; Issue Four overruled. |
Key Cases Cited
- Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (health care liability claim standard and need for expert testimony)
- Ammons v. Wilson N. Jones Memorial Hospital, 266 S.W.3d 51 (Tex.App.-Dallas 2008) (health care liability standard and use of expert testimony)
- Kidd v. Lewis, 214 S.W.3d 28 (Tex.App.-El Paso 2006) (necessity of expert proof in HC claims)
- Marks v. St. Luke's Episcopal Hosp., 319 S.W.3d 658 (Tex. 2010) (relationship between injury and care must be substantial and direct)
- Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2008) (no report at all vs. deficient report; standards for extension)
- Lewis v. Funderburk, 253 S.W.3d 204 (Tex. 2008) (no report issue; content must meet statutory requirements)
- In re Lumsden, 291 S.W.3d 456 (Tex. App.-Houston [14th Dist.] 2009) (discovery stay until adequate expert report served)
- In re Samonte, 163 S.W.3d 229 (Tex. App.-El Paso 2005) (defining expert qualifications; requisite for report)
- Tenet Hospitals, Ltd. v. Gomez, 276 S.W.3d 9 (Tex.App.-El Paso 2008) (collection of multiple expert reports in HC claims)