Psychiatric Solutions, Inc. v. Palit

Employee was a psychiatric nurse employed by Employer, a health care provider. Employee was injured at work while restraining a psychiatric patient. Employee filed a negligence action against Employer, seeking damages for personal injuries. Employer moved to dismiss Employee's suit, asserting that the suit alleged a health care liability claim (HCLC) under the Texas Medical Liability Act (TMLA) and that Employee's failure to serve Employer with an expert report within the TMLA's 120-day deadline mandated dismissal of his suit. The trial court denied the motion to dismiss, and the court of appeals affirmed. The Supreme Court reversed, holding that Employee's claim that Employer provided improper security of the psychiatric patient and inadequate safety for Employee was an HCLC under the TMLA, and therefore, Employee was required to serve an expert report within 120 days of filing suit. Remanded with instructions to dismiss Employee's complaint. View "Psychiatric Solutions, Inc. v. Palit" on Justia Law