Legal Opinion

Marks v. St. Luke's Episcopal Hospital

Texas Court of Appeals, 1st District (Houston)

Decided August 17, 2007No. 01-04-00228-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION ON REMAND

SAM NUCHIA, Justice.

Appellant, Irving W. Marks, appeals from a final order dismissing his claims against appellee, St. Luke’s Episcopal Hospital (“St. Luke’s”), for failure to file expert reports as required by statute for health care liability claims. In our original opinion, we held that appellant’s underlying complaint in his original petition related to premises liability, not medical liability, and that appellant’s complaint was governed by an ordinary standard of care. We reversed the trial court’s order dismissing appellant’s claims and remanded the case to the trial…

2Cases cited11 opinions

  1. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  2. Johnson v. City of Fort WorthTexas Supreme Court · 1989
  3. Sorokolit v. RhodesTexas Supreme Court · 1994
  4. Strom v. Memorial Hermann Hospital System, Texas Court of Appeals, 1st District (Houston)2003
  5. Ponce v. El Paso Healthcare System, Ltd., Texas Court of Appeals, 8th District (El Paso)2001

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3Cited by16 opinions

  1. Marks v. St. Luke's Episcopal HospitalTexas Supreme Court · 2010
  2. Christus Health v. Beal, Texas Court of Appeals, 1st District (Houston)2007
  3. Harris Methodist Fort Worth v. OllieCourt of Appeals of Texas · 2008
  4. Christus Health D/B/A Christus New Horizons Center v. Bennie Beal, III, Texas Court of Appeals, 1st District (Houston)2007
  5. Fred Samson v. Henry Small, M.D., Shannon D'Re Chisholm, Houston Orthopedic Surgical Hospital LLC, D/B/A Foundation Surgical Hospital of Houston, Texas Court of Appeals, 1st District (Houston)2011

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