Gracy Woods I Nursing Home v. Mahan

OPINION

Bob Pemberton, Justice

This is an appeal taken by a health care provider, a nursing home, to challenge the district court’s denial of its motion to dismiss a “health care liability claim” based on the claimant’s asserted noncompliance with the Medical Liability Act’s expert-report requirement. The pivotal issue in the appeal is whether the claimant, who alleges that her late mother was sexually assaulted in the nursing home due to the facility’s negligence, was required to present an expert report that would establish the alleged assault in fact occurred, through an expert qualified to…