T.C. v. Kayass

LEE GABRIEL, JUSTICE,

dissenting.

In this appeal, we are faced with a sympathetic claimant who was sexually assaulted by a medical professional during her minor children’s medical exams. When presented with these types of facts, it is difficult to ignore the practical effect of a particular decision. Even so, I must respectfully disagree with the majority’s conclusion that appellant T.C.’s claims against appellee Ahmad Abo Kayass are not healthcare-liability claims (HCLCs) governed by the expert-report requirement and with the majority’s judgment reversing the trial court’s contrary holding.

In…