Supreme Court of Texas

In plaintiffs' suit against a doctor for the death of their daughter at a water park, claiming that the doctor negligently advised the water park about safety procedures and placement of defibrillators, judgment of the court of appeals is reversed to the extent it affirmed the trial court's order denying the doctor's motion to dismiss where: 1) when the underlying facts are encompassed by provisions of the Texas Medical Liability Act (TMLA) in regard to a defendant, then all claims against that defendant based on those facts must be brought as health care liability claims; and 2) because all the claims against the doctor were based on the same underlying facts, they must be dismissed because plaintiffs did not timely file an expert report.

Appellate Information

• Argued 03/10/2010
• Decided 12/17/2010
• Published 12/17/2010

Judges

Court

• Supreme Court of Texas

Counsel