Legal Opinion

BAYLOR ALL SAINTS MEDICAL CENTER v. Martin

Texas Court of Appeals, 2nd District (Fort Worth)

Decided April 14, 2011No. 02-10-00402-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

BOB McCOY, Justice.

I. Introduction

In one issue, Appellant Baylor All Saints Medical Center asserts that the trial court erred when it determined that the expert report filed by the Appellees Pamela and John Martin met the requirements of section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). We reverse and remand.

II. Factual and Procedural History

The Martins sued Baylor for negligence, alleging that Pamela was sexually assaulted in her hospital room as she recovered from surgery. In support of their claim, the Martins served…

2Cases cited13 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  4. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  5. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005

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3Cited by11 opinions

  1. Louisa D. Reddic v. East Texas Medical Center Regional Health Care System, Individually and D/B/A East Texas Medical Center-Crockett, Inc.Texas Supreme Court · 2015
  2. Gracy Woods I Nursing Home v. MahanCourt of Appeals of Texas · 2017
  3. Texarkana Nursing & Healthcare Center, LLC v. Susan Lyle, Independent Guardian of Betty Ruth Vest, Texas Court of Appeals, 6th District (Texarkana)2012
  4. CSL S Longview, LLC D/B/A Hawkins Creek Assisted Living and Memory Care Community v. Paul Walling as Next Friend of Marlys Walling, Texas Court of Appeals, 6th District (Texarkana)2021
  5. East Texas Medical Center Regional Health Care System, Individually and D/B/A East Texas Medical Center-Crockett v. Louisa D. Reddic, Texas Court of Appeals, 12th District (Tyler)2015

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