St. David's Healthcare Partnership, L.P., LLP v. Esparza
348 S.W.3d 904
Tex.2011Background
- Esparza admitted for acute kidney failure; nurse used copious lubricating gel for bladder scan in his room.
- Gel fell on floor during/after procedure; Esparza slipped and alleged negligence and premises liability.
- Esparza did not serve an expert report; hospital moved to dismiss under Tex. Civ. Prac. & Rem. Code §74.351(a).
- Trial court denied the motion to dismiss; court of appeals affirmed based on Marks and Ollie.
- Court of Appeals held claims were not health care liability claims, prompting petition for review.
- Texas Supreme Court held the claim is a health care liability claim and must be dismissed for lack of an expert report.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim is a health care liability claim under TMLA | Esparza argues it is premises liability, not HCL | Hospital argues the claim arises from health care delivery and relates to treatment | Yes; it is a health care liability claim. |
| Whether an expert report is required and dismissal is appropriate | Esparza did not provide an expert report as required | TMLA requires an expert report within 120 days and dismissal if none | Yes; trial court should dismiss for failure to file an expert report. |
Key Cases Cited
- Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (defines health care liability scope under TMLA)
- Yamada v. Friend, 335 S.W.3d 192 (Tex. 2010) (analyzes how to determine whether a claim is health care liability based on underlying nature)
- Ollie, 342 S.W.3d 525 (Tex. 2011) (vacated per curiam; discusses scope of health care liability claims)
- Marks v. St. Luke's Episcopal Hospital, 319 S.W.3d 658 (Tex. 2010) (withdrawn; previously used to classify claims as non-HCL)