Randol Mill Pharmacy v. Miller

DISSENTING OPINION

TERRIE LIVINGSTON, Chief Justice.

I respectfully dissent from the majority’s opinion because I believe that the claims urged by Stacey and Randy Miller are health care liability claims that require an expert’s report under chapter 74. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (West 2011). I further believe that the majority adopts an overly strict interpretation of the Texas Medical Liability Act (TMLA) that both unnecessarily heightens the already rigorous statutory requirements pertaining to pharmacists and runs contrary to the trend of case law interpreting the TMLA.

The…