| JUDICIAL TORT REFORM 2008 Texas Supreme Court Opinions in Medical Malpractice Suits How do doctors and other health care providers fare in the Texas Supreme Court? Who wins? Who loses appeals? In 2008 the Supreme Court has been very active in vindicating defendants' interest in securing dismissal of health care liability claims against them in situations where the plaintiff's expert report required by statute was allegedly deficient. The Court has expanded its mandamus power to provide medical malpractice defendants whose motions to dismiss are denied at the trial level with an additional - immediate - appellate remedy. The Court is not always unanimous, however, on how - and how vigorously - to enforce tort reform enacted by the Legislature to curtail medical malpractice suits. The list below presents cases decided in 2008 in reverse chronological order of decision date. It includes dispositions of petitions for review in appeals from final judgments and interlocutory orders, and mandamus proceedings decided with opinions. Decisions without opinions were omitted. Also see --> Texas Supreme Court Opinions in other areas of law and practice 2008 TEX. SUP. CT MED-MAL CASES | Also see --> 2009 Med-Mal Decisions Gardner v. U.S. Imaging, Inc., No. 08-0268 (Tex. 2008)(per curiam) (HCLC, expert report; extension of time and opportunity to cure on remand the export report found deficient by the court of appeals) CRAIG GARDNER AND THELMA GARDNER v. U.S. IMAGING INC. D/B/A SADI PAIN MANAGEMENT AND BERNEY KESZLER, M.D.; from Bexar County; 4th district (04-07-00340-CV, ___ SW3d ___, 12-28-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion In Re Shondra Buster, No. 08-0125 (Tex. Nov. 14, 2008)(mandamus in HCLC case, expert report requirement) IN RE SHONDRA BUSTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES BREWER; from Nacogdoches County; 12th district (12-06‑00349‑CV, 243 SW3d 848, 01‑16‑08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion Martinez-Partido v. Methodist Specialty and Transplant Hospital, No. 06-0611(Tex. Sep. 26, 2008)(per curiam) (HCLC, Plaintiff entitled to remand for opportunity to fix expert report found deficient on appeal) MAURICIO MARTINEZ-PARTIDO v. METHODIST SPECIALTY AND TRANSPLANT HOSPITAL; METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P. D/B/A METHODIST SPECIALTY AND TRANSPLANT HOSPITAL; JANE OR JOHN DOE(S), HOSPITAL EMPLOYEE(S); AND JANE OR JOHN DOE (S), HOSPITAL NURSE(S); from Bexar County; 4th district (04-05-00868-CV, ___ SW3d ___, 06-14-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright) (HCLC med-mal gross negligence damages, contributory negligence, trifurcation of trial, interest on judgment) COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER v. ATHENA HOGUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR., DECEASED, CHRISTOPHER HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district (05-03-00279-CV, 132 SW3d 671, 04-13-04) The Court affirms in part and reverses in part the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Medina, Justice Johnson, and Justice Willett joined, and in Parts II-A, II-C, and II-D of which Justice Hecht and Justice Green joined. Justice Brister delivered a concurring opinion, in which Justice Medina joined. Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht joined. In Re McAllen Medical Center , No. 05-0892 (Tex. Aug 29, 2008)(Corrected Opinion by Brister) IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ SW3d ___, 10-05-05) real parties in interest's motion for oral argument denied corrected opinion issued In re Baylor Medical Center at Garland, No. 06-0491 (Tex. Aug. 29, 2008)(Brister)(HCLC, mandamus proceeding abated to afford new trial judge opportunity to reconsider issue of granting / ungranting new trial, plenary power) IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06) abatement order issued stay order issued The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Green, Justice Medina, and Justice Willett joined. Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through Court's rulemaking power) Bismar, MD v. Morehead, No. 08-0009 (Tex. Aug. 29, 2008)(per curiam)(Med-Mal, sufficiency of expert report, doctor entitled to interlocutory appeal of order denying motion to dismiss) MIKE BISMAR, M.D. v. DOROTHY A. MOREHEAD, VAUGHN R. MOREHEAD AND JAMES P. MOREHEAD, III, INDIVIDUALLY AND AS HEIRS AT LAW OF GLORIA MOREHEAD, DECEASED; from Tarrant County; 2nd district (02-07-00360-CV, ___ SW3d ___, 11-29-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery mandamus) IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL; from Tarrant County; 2nd district (02-07-00312-CV, 237 SW3d 445, 11-01-07) stay order issued November 30, 2007, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Leland, DDS v. Brandal, No. 06-1028 (Tex. June 13, 2008)(O'Neill) (HCLC 30-day-extension to file expert report, opportunity to cure deficiency upon remand when expert report found inadequate by appellate court) JOHN LELAND, D.D.S. v. GEORGE C. BRANDAL AND RUTH L. BRANDAL; from Bandera County; 4th district (04-05-00855-CV, 217 SW3d 60, 09-13-06) The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Scott Brister delivered a dissenting opinion advocating a less plaintiff-friendly rule In Re Roberts, No. 05-0362 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, expert report, court of appeals should not have contravened trial court on 30-day extension to fix expert report) IN RE SUSAN ROBERTS AND JOHN R. ROBERTS, JR., INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN JAMIE ROBERTS, JOSHUA ROBERTS, AND HALEY ROBERTS; from Potter County; 7th district (07-04-00363-CV, ___ S.W.3d ___, 4-27-05) relators' motion for emergency relief denied Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion (Justice Johnson not sitting) In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, sufficiency of expert report, court below instructed to apply new mandamus standard) IN RE METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., D/B/A METROPOLITAN METHODIST HOSPITAL; from Bexar County; 4th district (04-05-00305-CV, ___ S.W.3d ___, 05-25-05) stay order issued September 16, 2005, lifted motion to consolidate dismissed as moot Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (HCLC suicide risk management, medical treatment) (court concludes that discharge from Defendant's ER did not proximately cause young man's death by hanging.) PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND DEPAUL CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10-02-00026-CV, 167 S.W.3d 48, 03-30-05) (Dissent by Justice Tom Gray) - consolidated with - Pettit, D.O. v. Dowell (Tex. May 23, 2008) 05-0788 JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10-01- 00420-CV, ___ S.W.3d ___, 08-10-05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. Justice Wainwright delivered an opinion concurring in part and dissenting in part. Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined. In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott Brister) (mandamus relief available to compel dismissal of medical malpractice suits, HCLC) IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ S.W.3d ___, 10-05-05) real parties in interest's motion to abate dismissed as moot relators' unopposed motion for partial dismissal granted real parties in interest's motion to seal document granted relators' motion to seal motion exhibits and restrict review to in camera inspection only granted The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Green, Justice Johnson and Justice Willett joined. Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Chau v. Riddle, MD, No. 07-0035 (Tex. May 16, 2008)(substituted per curiam opinion on motion for rehearing) (HCLC, defendant doctor's good samaritan defense rejected) THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v. JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district (01-04-00551-CV, 212 S.W.3d 699, 09-28-06) The Court's opinion of February 15, 2008 is withdrawn and the opinion of this date is substituted. Villafani vs. Trejo, M.D., No. 06-0501 (Tex. Apr. 18, 2008)(Wainwright) (HCLC, ILA, denial of sanctions, effect of nonsuit on defendant's right to appeal denial of motion for sanctions) JUAN MARIO VILLAFANI, M.D. v. ADELA TREJO; from Cameron County; 13th district (13-04-00449-CV, ___ S.W.3d ___, 10-06-05) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Wainwright delivered the opinion of the Court. Barrera, MD vs. Rico, No. 05-0928 (Tex. Apr. 18, 2008)(per curiam)(appealability of order denying doctor's motion for sanctions after plaintiff nonsuited HCLC suit and court dismissed without prejudice) RICARDO BARRERA, M.D. v. ISELA RICO AND MANUEL RICO, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF GLORIA RICO, A MINOR; from Hidalgo County; 13th district (13-04-00480-CV, ___ S. W.3d ___, 07-21-05) respondent's motion to supplement response brief on the merits granted Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Regent Care Center of San Antonio II, LP vs. Hargrave, No. 06-0717 (Tex. Apr. 18, 2008)(per curiam) (HCLC, medical malpractice, effect on nonsuit on health care provider's pending appeal of order denying sanctions) REGENT CARE CENTER OF SAN ANTONIO II, LIMITED PARTNERSHIP D/B/A REGENT CARE CENTER OF OAKWELL FARMS AND RCCSA II, INC. v. BARBARA HARGRAVE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DOROTHY MONTGOMERY, AND VERNON LLOYD PIERCE, INDIVIDUALLY; from Bexar County; 4th district (04-05-00274-CV, 202 S.W.3d 807, 06-28-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal) RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from Limestone County; 10th district (10-05-00197-CV, 191 S.W.3d 756, 04-05-06) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a concurring opinion. Justice Willett delivered a concurring opinion. Moore, M.D. v. Gatica, No. 07-0094 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) PHILIP A. MOORE, M.D. v. KRISTY GATICA; from Tarrant County; 2nd district (02-06-00442-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Diaz-Rohena, M.D. v. Melton, No. 07-0173 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) ROBERTO DIAZ-ROHENA, M.D. v. CYNTHIA S. MELTON; from Tarrant County; 2nd district (02-06-00315-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Center for Neurological Disorders, P.A. v. George, No. 07-0174 (Tex. Apr. 11, 2008)(per curiam) (HCLC, ILA) CENTER FOR NEUROLOGICAL DISORDERS, P.A. AND GREGORY A. WARD, M.D. v. ROGER P. GEORGE AND JULIET A. GEORGE; from Tarrant County; 2nd district (02-06-00105-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Collini, M.D. v. Pustejovsky, No. 07-0227 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) WENDY COLLINI, M.D. v. MARTHA PUSTEJOVSKY; from Tarrant County; 2nd district (02-07-00005-CV, ___ S.W.3d ___, 02-08-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Graham Oaks Care Center, Inc. v. Farabee No. 07-0228 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) GRAHAM OAKS CARE CENTER, INC., NEW GRAHAM OAKS CARE CENTER, INC. AND GRAHAM OAKS CARE CENTER v. ALLAGRA FARABEE AND EARLENE PRICE, AS NEXT FRIEND OF ALLAGRA FARABEE; from Young County; 2nd district (02-06-00452-CV, ___ S.W.3d ___, 02-08-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Danos v. Ritter, MD, No. 07-0312 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) LOU VIRGINIA DANOS, INDIVIDUALLY AND AS NEXT FRIEND OF RYAN COCHRAN, A MINOR v. KEVIN RITTGER, M.D.; from Harris County; 1st district (01-06-00350-CV, ___ S.W.3d ___, 03-01-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Hill Regional Hospital v. Runnels, No. 07-0368 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) HILL REGIONAL HOSPITAL v. MAXINE RUNNELS, INDIVIDUALLY AND AS HEIR TO AND ON BEHALF OF THE ESTATE OF GLENDON RUNNELS, DECEASED AND TAMMY RUNNELS WALKER AND GLEN PAUL RUNNELS, INDIVIDUALLY; from Hill County; 10th district (10-06-00372-CV, ___ S.W.3d ___, 03-14-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Metwest, Inc. v. Rodriguez, Jr., No. 07-0422 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) METWEST INC. D/B/A QUEST DIAGNOSTICS INCORPORATED v. MIGUEL RODRIGUEZ, JR., MIGUEL RODRIGUEZ AND LUCY RODRIGUEZ; from Tarrant County; 2nd district (02-07-00047-CV, ___ S.W.3d ___, 04-05-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. In Re Jorden, M.D., No. 06-0369 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition) IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04-27-06) relators' joint motion for emergency temporary relief dismissed as moot The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court. Justice O'Neill delivered a concurring opinion Hamilton v. Wilson, MD, No. 07-0164 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of expert report) NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district (07-06-00071-CV, ___ S.W.3d ___, 11-01-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Chau v. Jefferson Riddle, MD, No. 07-0035 (Tex. Feb. 15, 2008)(first, superseded, per curiam opinion) (HCLA, medical malpractice, Good Samaritan defense rejected, summary judgment improperly granted) THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v. JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district (01-04-00551-CV, 212 S.W.3d 699, 09/28/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. |
2008 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS
DECIDED WITH OPINIONS
| LINKS FOR TEX. SUP. CT. ACTIVITY Texas Supreme Court Opinions 2008 Tex 2008 Mandamus Opinions Per Curiam Opinions (Tex. 2008) Texas Supreme Court Orders 2008 Petitions for Review Denied 2008 Petitions Granted in 2008 SUPREME COURT RULINGS BY LAW SUIT TYPE PRACTICE AREA Tex 2008 Opinions by Category (Index) Medical MalpractIce Decisions Consumer Law and Class Actions Supreme Court Family Law Decisions JUDICIAL POLITICS PAGES 2008 Judicial Election Campaigns TEXAS OPINION HOME PAGE |