Klein v. Hernandez

OPINION

TERRY JENNINGS, Justice.

In this interlocutory appeal, 1 appellant, Geffrey Klein, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims made against him by appellee, Cynthia Hernandez, 2 as next friend of N.H., a minor. 3 Following a remand from the Texas Supreme Court, Klein contends that his affirmative defense of official immunity bars appellee’s claims of negligence.

We affirm.

Background

Hernandez sued Dr. Klein, alleging negligence during the delivery of her daughter, N.H., at Ben Taub General Hospital. Ben Taub is “a…