St. Luke's Episcopal Hospital v. Agbor

in which HECHT, ENOCH, OWEN and BAKER, Justices, join.

This is an appeal from a summary judgment. The sole issue in this case is whether the Texas Medical Practice Act (“the Texas Act”) applies to a patient’s cause of action against a hospital for its credentialing activities. We hold that it does, and reverse the judgment of the court of appeals.

I

Dr. Suzanne Rothchild delivered Dikeh Agbor at St. Luke’s Episcopal Hospital in Houston. During birth, the baby suffered an injury that permanently disabled his left arm. The baby’s parents, Comfort and Kingsley Agbor, sued Dr. Rothchild for medical…