Sylvia Galvan v. Memorial Hermann Hospital System
476 S.W.3d 429
| Tex. | 2015Background
- Sylvia Galvan, a hospital visitor, slipped on water in Memorial Hermann Southwest Hospital while visiting a relative.
- Galvan alleges the water came from a restroom and was not cleaned or warned about, causing injury in a hospital setting.
- Hospital moved to dismiss claiming Galvan’s claim is a health care liability claim (HCLC) under the Texas Medical Liability Act and required an expert report.
- Texas West Oaks Hospital v. Williams (Tex. 2012) had held safety standards-based claims against health care providers can be HCLCs if there is a substantive nexus to health care.
- Court of Appeals held the claim was an HCLC under Williams, but Texas Supreme Court later adopted a more restrictive test in Ross v. St. Luke’s Episcopal Hosp. and found no substantive nexus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Galvan’s safety-standard claim is an HCLC | Galvan: claim based on safety standards with no direct health-care link. | Memorial Hermann: safety standards have substantive nexus to health care under Williams. | No substantive nexus shown; not an HCLC. |
| Whether the record shows a substantive nexus under Ross factors | Ross factors not satisfied; claim not tied to health care provision. | Hospital asserts several factors indicate nexus to patient safety and infection control. | Record fails to meet Ross criteria; not an HCLC. |
Key Cases Cited
- Ross v. St. Luke’s Episcopal Hosp., 462 S.W.3d 496 (Tex. 2015) (safety standards-based claims require substantive nexus to health care)
- Texas West Oaks Hospital, L.P. v. Williams, 371 S.W.3d 171 (Tex. 2012) (safety standards-based claims may be HCLCs if nexus to health care exists)