Legal Opinion

Baylor Scott and White, Hillcrest Medical Center v. Ruthen James Weems Iii

Texas Supreme Court

Decided April 26, 2019No. 17-0563PublishedCited by 58 opinions

1Opinion of the CourtJustice Guzman

The Texas Medical Liability Act (Act) requires a claimant pursuing a "health care liability claim" to timely serve an adequate expert report. Failure to do so *361 requires dismissal with prejudice. In this case, the claimant asserts a nurse fraudulently recorded information in a patient's medical records, but the claimant did not serve anything purporting to be an expert report. We hold that dismissal of the lawsuit is required because this falsified-medical-records claim is a health care liability claim subject to the Act's expert-report requirements. We therefore reverse the court of appeals'…

2Cases cited18 opinions

  1. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  2. Leland v. BrandalTexas Supreme Court · 2008
  3. Railroad Commission v. Texas Citizens for a Safe Future & Clean WaterTexas Supreme Court · 2011
  4. Whitehead v. StateCourt of Criminal Appeals of Texas · 2004
  5. Loaisiga v. CerdaTexas Supreme Court · 2012

13 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Andria Solomon v. Rosemary Buckle, Nicole D. Ches and HCA Health Services of Texas, Inc., Texas Court of Appeals, 1st District (Houston)2024
  2. Annabelle Lopez v. Nayely Herrera, Texas Court of Appeals, 13th District2024
  3. Armando Montelongo, Jr., Real Estate Training International, LLC, Performance Advantage Group, Inc., and License Branding, Llc v. Cecil G. AbreaTexas Supreme Court · 2021
  4. Belmont Village Hunters Creek TRS, LLC, Belmont Three, LLC, Belmont Village Hunters Creek, LLC, Belmont Village, L.P. and Belmont BP Investors, LLC v. William Marshall, Individually and as of the Estate of Charlotte Marshall, Catherine Marshall and David Marshall, Texas Court of Appeals, 1st District (Houston)2020
  5. Chatara Spears v. AAA Acupuncture Center D/B/A AAA Health Center, Texas Court of Appeals, 1st District (Houston)2024

53 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API