Legal Opinion

Bush v. Green Oaks Operator, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided January 25, 2001No. 05-98-00686-CVPublishedCited by 37 opinions

1Opinion of the Court

OPINION

MORRIS, Justice.

The central question in this appeal is whether the Medical Liability and Insurance Improvement Act applies to the lawsuit filed by Rhonda Fay Bush against Green Oaks Operator, Inc. The trial court dismissed Bush’s case because she failed to comply with the Act’s requirement that she file an expert report within 180 days after filing her suit. Bush appeals the dismissal contending in one of her five points of error that her claims are not governed by the Act. We agree with Bush, concluding she has not pleaded a “health care liability claim” and, therefore, her suit…

2Cases cited10 opinions

  1. Roark v. AllenTexas Supreme Court · 1982
  2. Sorokolit v. RhodesTexas Supreme Court · 1994
  3. Van Horn v. ChambersTexas Supreme Court · 1998
  4. Thapar v. ZezulkaTexas Supreme Court · 1999
  5. Walden v. JefferyTexas Supreme Court · 1995

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

3Cited by37 opinions

  1. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  2. Buck v. Blum, Texas Court of Appeals, 14th District (Houston)2004
  3. NCED Mental Health, Inc. v. Kidd, Texas Court of Appeals, 8th District (El Paso)2006
  4. Oak Park, Inc. v. Harrison, Texas Court of Appeals, 11th District (Eastland)2006
  5. Shaw v. BMW Healthcare, Inc., Texas Court of Appeals, 12th District (Tyler)2002

32 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