Leah Anne Gonski Marino, M.D. F/K/A Leah Anne Gonski, M.D. v. Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir, and Christopher McKnight, Individually and as Next Friend of Nayla McKnight

In this case, a resident physician sought dismissal of a malpractice claim on grounds that she was an employee of a governmental unit. We agree with the court of appeals that the physician did not establish that she was an employee under the relevant provisions of the Texas Tort Claims Act. We therefore affirm the judgment of the court of appeals.

I. Background

Shana Lenoir received prenatal care at the University of Texas Physicians Clinic in Houston. She was pregnant with twins and was seen by Dr. Leah Anne Gonski, a second-year medical resident. Gonski prescribed weekly progesterone…