Marks v. St. Luke's Episcopal Hospital

delivered the Court’s judgment and an opinion,

in which Justice HECHT joined, and in which Justice WAINWRIGHT, Justice JOHNSON and Justice WILLETT joined as to Parts I & IV.

We grant the motion for rehearing, withdraw our previous opinion and judg*660ment of August 28, 2009, and substitute the following in its place.

In this ease we must decide whether a hospital patient’s fall, allegedly caused by a defective or unsafe hospital bed, is a health care liability claim under former article 4590i of the Revised Civil Statutes.1 Article 4590i, also known as the Medical Liability and Insurance Improvement…