Legal Opinion · Dissent

Daughters of Charity Health Services of Waco v. Linnstaedter

Texas Court of Appeals, 10th District (Waco)

Decided December 28, 2004No. 10-02-00326-CVPublished

1DissentGray, Chief Justice

Appellees, Linnstaedter and Bolen, sued the estate of Jones, a third-party tortfea-sor, and settled with it, for damages including “their reasonable and necessary medical expenses incurred in the past.” Appellees now claim that they were not liable to Appellant, Providence Health Center, for past medical expenses, so that no valid hospital lien attached to settlement proceeds for those expenses. Cf. Act of May 26, 1983, 68th Leg., R.S., ch. 576, *669§ 1, sec. 55.002,1983 Tex. Gen. Laws 3475, 3562 (amended 2003) (current version at Tex. Prop.Code Ann. § 55.002 (Vernon Supp.2004-2005)). For…

2Cases cited9 opinions

  1. Texas Workers' Compensation Commission v. Patient Advocates of TexasTexas Supreme Court · 2004
  2. Bashara v. Baptist Memorial Hospital SystemTexas Supreme Court · 1985
  3. Dorr v. Sacred Heart HospitalCourt of Appeals of Wisconsin · 1999
  4. Satsky v. United StatesDistrict Court, S.D. Texas · 1998
  5. Texas Workers' Compensation Insurance Fund v. Alcorta, Texas Court of Appeals, 4th District (San Antonio)1999

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