Supreme Court of Texas

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Diversicare Gen Partner, Inc. v. Rubio, 02-0849

The Medical Liability Insurance Improvement Act governs a patient's claims that a nursing home's negligence in failing to provide adequate supervision and nursing services proximately caused her injuries from a sexual assault by another patient.

Appellate Information

  • Decided 10/14/2005
  • Published 10/14/2005


  • Justice WAINWRIGHT delivered the opinion of the Court, in which Justice HECHT, Justice MEDINA, Justice JOHNSON, and Justice WILLETT joined, and in which Chief Justice JEFFERSON joined as to Part III(B)(3).


  • Supreme Court of Texas


  • For Appellant:
  • Dorothy Siemon, for Amicus Curiae AARP and The National Citizens., Robert A. Shults, for Amicus Curiae Living Centers of Texas, Inc., Stephen R. Darling, Gonzales Hoblit Ferguson LLP, San Antonio, Audrey Mullert Vicknair, Law Office of Audrey Mullert Vicknair, Joel Cruz Resendez, Chaves Resendez & Rivero, Corpus Christi, for Petitioners.

  • For Appellees:
  • Henry P. Giessel, David T. Marks, The Marks Firm, and T. Gerald Treece, Houston, for Respondents.
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