Verdicts

The Supreme Court of Texas has ruled that a hospital's negligent act or omission regarding patient-care equipment that causes a patient injury constitutes a lapse in the provision of health care; thus, a claim brought for such negligence is one charging health care liability, and it is subject to the State's expert affidavit requirement and to its medical malpractice damage caps. Marks v. St. Luke's Episcopal Hosp., — S.W.3d —-, 2010 WL 3373407 (Tex., 8/27/10).

The case arose after a patient at Houston's St. Luke's Episcopal Hospital fell and was injured while recovering from back surgery. He claimed that the fall was caused not only by lax medical care, but also by a faulty bed footboard, which he had tried to use to help him get up. His suit against the hospital was dismissed for failure to file expert reports. After appeals that went to the State Supreme Court, the Houston Court of Appeals ultimately upheld the trial court's dismissal. This appeal followed, in which the plaintiff argued, inter alia, that even if his medical claims failed for lack of an expert's opinion, he should be permitted to seek recovery from the hospital for premises liability. In a premises liability action, damages would not be limited by Texas' medical malpractice tort reform legislation, the Medical Liability and Insurance Improvement Act (MLIIA).