Galvan v. Memorial Hermann Hosp. Sys.

Plaintiff sued Hospital, alleging that she was injured when she slipped on water on the floor. Hospital filed a motion to dismiss, asserting that Plaintiff’s claim was a health care liability claim (HCLC), and Plaintiff failed to serve an expert report as required by the Texas Medical Liability Act. The trial court denied Hospital’s motion. The court of appeals reversed, concluding that because Plaintiff’s claim was based on an alleged departure from accepted standards of safety, it was an HCLC. The Supreme Court reversed, holding that no substantive nexus was shown to exist between the safety standards Plaintiff alleged Hospital violated the the provision of health care, and therefore, Plaintiff’s claim was not a health care liability claim. View "Galvan v. Memorial Hermann Hosp. Sys." on Justia Law