Legal Opinion · Dissent

St. Luke's Episcopal Hospital v. Agbor

Texas Supreme Court

Decided October 30, 1997No. 96-0085Published

1DissentCornyn, Justice

It is as clear as such things get that by enacting the Texas Medical Practice Act (TMPA) the Legislature did not intend to lower then prevailing standards of patient care by insulating hospitals from their own *513negligence in credentialing physicians. But the Court’s irregular construction of the TMPA does exactly that. The legislative history of the Act makes plain that the Legislature’s sole concern was to elevate standards of patient care by encouraging physicians to deny hospital privileges to incompetent physicians. And while I join Chief Justice Phillips’ dissenting opinion, I write…

2Cases cited20 opinions

  1. Holly v. AuldSupreme Court of Florida · 1984
  2. Darling v. Charleston Community Memorial HospitalIllinois Supreme Court · 1965
  3. State v. TerrellTexas Supreme Court · 1979
  4. B. Doe, M.D., on Behalf of B. Doe and B. Doe's Patients v. St. Joseph's Hospital of Fort WayneCourt of Appeals for the Seventh Circuit · 1986
  5. Patrick v. BurgetSupreme Court of the United States · 1988

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