Rose v. Garland Community Hospital

OPINION

Opinion By

Justice LAGARDE.

Debi Rose appeals the trial court’s order granting Garland Community Hospital’s (“the Hospital”) motion to dismiss for noncompliance with section 13.01 of article 4590i of the Medical Liability and Insurance Improvement Act (“the Act”). See Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01 (Vernon Supp.2002). Rose contends her claims against the Hospital are not governed by the Act. We agree. Accordingly, we reverse and remand.

BACKGROUND

In 1998 and 1999, Rose underwent several cosmetic surgeries at the Hospital. James H. Fowler, M.D. (“the doctor”), an ear, nose,…