Rusk State Hospital v. Black

in which Justice HECHT, Justice WAINWRIGHT, Justice GREEN, Justice WILLETT, and Justice GUZMAN joined.

In this health care liability claim the trial court denied Rusk State Hospital’s challenge to the plaintiffs’ expert reports. The Hospital filed an interlocutory appeal from that ruling. On appeal the Hospital, for the first time, asserted it was immune from suit. The court of appeals refused to consider the immunity issue because it had not been presented to the trial court. After addressing the merits of the Hospital’s challenge to the expert reports, the court of appeals remanded the case…