| JUDICIAL TORT REFORM ("DEFORM" - in the language of the critics) 2009 Texas Supreme Court Opinions in Medical Malpractice Suits Also see --> 2008 Texas Supreme Court Rulings in Med-Mal Appeals Hernandez, MD v. Ebrom, No. 07-0240 (Tex. Jul 3, 2009)(Johnson) (HCLC, does med-mal defendant forfeit right to seek sanctions by failing to pursue by interlocutory appeal challenge to expert report where objection was overruled by the trial court? Court says no) MIGUEL HERNANDEZ, M.D. v. JULIOUS EBROM AND RICHARD HUNNICUTT; from Hidalgo County; 13th district (13-06-00053 CV, ___ SW3d ___, 02-08-07 Opinion of the court below) opposed motion for leave to file post-submission brief granted The Court reverses the court of appeals' judgment and remands the case to that court. Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, Justice Green, and Justice Willett joined. [pdf] Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined. [pdf] Aviles, MD v. Aguirre, No. 08-0240 (Tex. Jul 3, 2009)(per curiam) (HCLC sanctions under former med- mal law to be awarded on remand) WILFREDO AVILES, M.D., AND WILFREDO AVILES, M.D., P.A. v. ALBERT AGUIRRE, ET AL.; from Hidalgo County; 13th district (13-06-00495-CV, ___ SW3d ___, 02-14-08 Opinion below) (Dissenting opinion by Rose Vela) 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 [pdf] Electronic Briefs 08-0240 WILFREDO AVILES, M.D. v. AGUIRRE Like the current statute,1 former article 4590i required dismissal of a health-care claim if no timely expert report was served, and an award of attorney’s fees and costs “incurred” by the defendant. Act of May 5, 1995, 74th Leg., R.S., ch. 140, § 13.01, 1995 Tex. Gen. Laws 985, 986, repealed by Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 10.09, 2003 Tex. Gen. Laws 847, 884 (hereinafter “article 4590i”). In this case, the trial court granted dismissal but denied attorney’s fees because they had been incurred by the defendant’s insurer rather than the defendant himself. A divided court of appeals affirmed. ___ S.W.3d ___. As this reflects a basic misunderstanding of both the statute and liability insurance, we reverse. JURY INSTRUCTION ERROR FOUND RE: LOST CHANCE OF SURVIVAL DOCTRINE AND DOC AS INDEPENDENT CONTRACTOR Columbia Rio Grande Healthcare, L.P. v. Hawley, No. 06-0372 (Tex. Jun. 5, 2009)(Johnson) (HCLC, negligence in failing to take action following cancer diagnosis)(judgment on jury verdict in med-mal suit against hospital reversed)(jury instruction error as grounds for reversal and new trial, lost chance of survival instructions, physician as independent contractor rather than hospital's agent)(trial court found to have erred in refusing jury instructions on lost chance of survival issue and clarification as to doctor's status as independent contractor rather than agent or employee of the defendant hospital; retrial ordered on remand) COLUMBIA RIO GRANDE HEALTHCARE, L.P. D/B/A RIO GRANDE REGIONAL HOSPITAL v. ALICE H. HAWLEY AND JAMES A. HAWLEY; from Hidalgo County; 13th district (13-03-00427-CV, 188 SW3d 838, 03-23-06) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Brister, Justice Green, and Justice Willett joined, and in all but Part II-D 2 of which Justice O'Neill and Justice Medina joined. DISCOVERY MANDAMUS GRANTED TO VACATE PROTECTIVE ORDER IN MED-MAL SUIT In re Lester Collins, MD, No. 07-0737 (Tex. Jun. 5, 2009)(O'Neill) (discovery mandamus brought by doctor; trial court's protective order lifted covering ex parte contacts with witnesses)(medical health care information privacy, patient's release as condition of bringing med-mal suit, no HIPAA preemption) IN RE LESTER COLLINS, M.D.; from Smith County; 12th district (12-06-00078-CV, 224 SW3d 798, 05-14-07) The Court conditionally grants the petition for writ of mandamus. Justice O'Neill delivered the opinion of the Court. MED-MAL PLAINTIFF'S NON-SUIT DOES NOT BAR DEFENDANT HEALTH CARE PROVIDER'S SANCTIONS CLAIM FOR RECOUPEMENT OF ATTORNEY'S FEES, SUPREME COURT SAYS Crites, MD v. Collins, No. 07-0315 (Tex. May 1, 2009)(per curiam)(medical malpractice, failure to file expert report) (defendant's counterclaim for sanctions in the form of attorney's fees may proceed following med-mal plaintiff's nonsuit)(finality of judgment, timeliness of notice of appeal, deadline for filing notice of appeal)FRANCES B. CRITES, M.D. v. LINDA COLLINS AND WILLIE COLLINS; from Dallas County; 5th district (05-06-00453-CV, ___ SW3d ___, 02-28-07) 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 that court. Per Curiam Opinion. Phillips MD v. Bramlett, No. 07-0522 (Tex. Mar. 6, 2009)(Medina)(insurance law, Stowers doctrine, liability cap) BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRAPTOR OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER; from Lubbock County; 7th district (07-05-00456-CV, 258 SW3d 158, 03-19-07) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and Justice Green joined. BRISTER DISSENT ON DENIAL OF PETITIONS FOR REVIEW Gurkoff, D.O. v. Jersak, No. 08-0398 (Tex. Feb. 27, 2009)(Brister) (Dissent from denial of petition for review) (enforcement of sanctions in the form of defendant's attorney's fees for failure to file expert report in med-mal suit) 08-0398 JERRY GURKOFF, D.O. v. ROSEMARY JERSAK; from Tarrant County; 2nd district (02-07-00101-CV, ___ SW3d ___, 04-10-08) Justice Brister, joined by Justice Hecht, delivered an opinion dissenting from the denial Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, No. 04-0575 (Tex. 2009)(substituted corrected opinion)(reh'g denied)(medical malpractice, gross negligence, punitive damages) 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) corrected opinion issued |
2009 TEXAS SUPREME COURT
HEALTH CARE LIABILITY JURISPRUDENCE
HEALTH CARE LIABILITY JURISPRUDENCE
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