Murphy v. Russell

Johnette Russell sued an anesthesiologist, Mark Murphy, after he allegedly administered a general anesthetic without her consent during a biopsy. The trial court dismissed Russell’s suit because she failed to provide an expert report in accordance with section 13.01 of former Texas Revised Civil Statutes article 4590L 1 The court of appeals reversed, holding that Russell’s claims are not “health care liabili ty claims.” 2 We reverse the court of appeals’ judgment and dismiss this suit.

Russell’s petition in the trial court alleges the following facts. In September 1998, Russell went to the…