Legal Opinion · Dissent

CHCA Bayshore, L.P. v. Ramos

Court of Appeals of Texas

Decided July 19, 2012No. 01-11-00764-CVPublished

1Dissent

TERRY JENNINGS, Justice.

Because the claim of appellees, Amy and Richard Ramos, against appellants, CHCA Bayshore, L.P., doing business as East Houston Regional Medical Center, and Pasadena Bayshore Hospital, Inc., for negligent infliction of emotional distress resulting from the mishandling of the remains of their unborn child is not a claim in which they seek to establish “medical liability,” i.e., a “health care liability claim” as actually defined by the Texas Legislature, I respectfully dissent. See Tex. Civ. Prac. & Rem.Code Ann. § 74.001(a)(13) (Vernon 2011).

Under chapter 74 of the…

2Cases cited19 opinions

  1. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  2. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  3. In Re McAllen Medical Center, Inc.Texas Supreme Court · 2008
  4. Hammock v. StateCourt of Criminal Appeals of Texas · 2001
  5. St. Luke's Episcopal Hospital v. AgborTexas Supreme Court · 1997

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