Turtle Healthcare Group, L.L.C. v. Linan
337 S.W.3d 865
| Tex. | 2011Background
- Turtle supplied Maria Linan with a ventilator and a respiratory therapist performed regular maintenance visits.
- In July 2005, Yolanda Linan requested an oxygen tank and two external ventilator batteries due to an impending hurricane; Turtle delivered the oxygen tank and one battery.
- Power outages from the hurricane occurred; the ventilator continued until about 9:30 a.m. when Maria’s family found it not operating and Maria died.
- The Linans, individually and as Maria’s estate representatives, sued Turtle for negligence in operation/maintenance and in delivering a defective ventilator, battery, and battery boxes, outlining eight specific alleged failures.
- Turtle moved to dismiss as health care liability claims under the Texas Medical Liability Act (TMLA) for lack of an expert report; the trial court denied the motion; the court of appeals held some battery-related claims were non-health-care claims, but others were health-care claims.
- The Texas Supreme Court reversed in part and dismissed all Linans’ claims, holding that all claims arise from the same underlying facts and are subject to the TMLA, requiring dismissal for lack of an expert report.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Linans’ claims are health care liability claims under the TMLA | Linan: some claims are ordinary negligence, not health care liability | Turtle: all claims stem from health care and require expert report | All claims are health care liability claims under the TMLA and must be dismissed |
| Whether the battery-related claims are separable from other claims | Linan: battery claims are not health care claims | Turtle: still linked to care and part of TMLA scope | Battery and non-battery claims are not separable; all are governed by the TMLA and subject to dismissal |
| Whether the absence of an expert report mandates dismissal of all claims | Linan: expert report not served for some claims | Turtle: failure to serve expert report requires dismissal | All Linans’ claims must be dismissed for lack of an expert report under the TMLA |
Key Cases Cited
- Yamada v. Friend, 335 S.W.3d 192 (Tex. 2010) (same underlying facts can give rise to health care liability and ordinary negligence; dismissal when both claimed)
- Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (artful pleading to splice health care and non-health-care claims is improper)