Certified Ems, Inc. D/B/A Cpns Staffing v. Cherie Potts

A patient alleged that a hospital nurse, who was temporarily placed with the hospital by a staffing service, assaulted her. The patient sued under the Texas Medical Liability Act, asserting that the staffing service was directly and vicariously liable for the nurse’s conduct. The staffing service sought dismissal because the patient’s expert reports did not specify how the service was directly negligent. The service has not challenged, in this Court, the reports’ adequacy concerning its vicarious liability.

The trial court denied the motion to dismiss, and the court of appeals affirmed. It…