TENET HOSPITALS LTD. v. Love
347 S.W.3d 743
| Tex. App. | 2011Background
- Brenda Melendez underwent a June 2008 tubal ligation, was admitted for abdominal pain, and had a cholecystectomy.
- Melendez developed pleural effusions and pulmonary issues; cardiologist Pallares evaluated and planned further tests and transfers.
- Melendez suffered a biliary leak, required a thoracentesis, and was transferred to another facility where she arrested and later died.
- Love, administrator of Melendez’s estate, sued Sierra Providence East for staffing and transfer failures and inadequate care.
- Love timely served expert reports by Drs. Karliner and Simons; Sierra Providence moved to dismiss for failure to meet statutory expert-report requirements.
- The trial court denied the motion to dismiss, and the court of appeals reversed, sustaining challenges to the expert reports and remanding for cure considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualifications of experts on hospital staffing and transfer | Love argues experts suffice due to hospital practice experience | Sierra Providence argues experts lack hospital-staffing expertise | Issue One sustained; hospital objections timely and properly raised. |
| Standard of care and causation for hospital | Love asserts hospital-wide standard and causal link | Sierra Providence asserts reports only address physician, not hospital, standard and causation | Issue Two sustained; reports inadequate to prove hospital standard and causation. |
| Nursing standards applicability | No nursing claims against hospital; not necessary | Nursing standards questioned | Issue Three overruled; no nursing claim against hospital found. |
Key Cases Cited
- Palacios, 46 S.W.3d 873 (Tex. 2001) (abuse-of-discretion standard for 74.351 expert reports shown in the Texas Supreme Court decision)
- Broussard, 267 S.W.3d 531 (Tex.App.-Beaumont 2008) (expert qualifications; hospital policy and procedures context)
- Hendrick Medical Center v. Conger, 298 S.W.3d 784 (Tex.App.-Eastland 2009) (expert qualification in hospital-setting contexts)
- Reed v. Granbury Hosp. Corp., 117 S.W.3d 404 (Tex.App.-Fort Worth 2003) (expert qualification and standard-of-care applicability)
- LaCroix, 947 S.W.2d 941 (Tex.App.-Fort Worth 1997) (hospital policy and standard-of-care considerations)