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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 12-15-00014-CV

Regular Panel Decision

Jun 03, 2015

East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors

The appellant, East Texas Medical Center (ETMC), appeals a judgment finding it negligent for failing to train its EMS providers. The core issue revolves around whether ETMC adequately trained its employees on patient restraint protocols in a behavioral emergency, which allegedly led to the death of Crystal Delaune. ETMC argues that there is legally insufficient evidence to establish proximate cause because the EMS providers were previously found not negligent. Additionally, ETMC contends the appellee's expert testimony on the standard of care and breach was conclusory and based on improper inference-stacking. The appellant seeks a reversal of the verdict and a take-nothing judgment.

Negligent TrainingProximate CauseLegal Sufficiency of EvidenceStandard of CareEmergency Medical ServicesAppellate ReviewSummary JudgmentEmployee MisconductMedical Negligence DefenseExpert Witness Testimony

References

Case No. 2-06-016-CV

Regular Panel Decision

Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability

References

Case No. 03-18-00232-CV

Regular Panel Decision

Aug 28, 2018

Joseph Cotropia M.D. v. Texas Medical Board and in His Official Capacity Only, Sherif Zaafran, President of the Texas Medical Board

Appellant Joseph Cotropia, M.D., challenged the Texas Medical Board's revocation of his license to practice medicine. The Board's decision stemmed from his failure to adequately supervise advanced practice nurses at two pain management clinics, resulting in substandard patient care and operation of an uncertified clinic. Dr. Cotropia argued against being held strictly liable for the APNs' actions, the clinic's certification status, the admissibility of expert testimony, and alleged due process violations. The appeals court reviewed the Board's findings under a substantial-evidence standard. Ultimately, the court found no error in the district court's judgment and affirmed the revocation of his license.

Medical License RevocationPhysician SupervisionAdvanced Practice NursesPain Management ClinicStandard of CareMedical Practice ActAdministrative LawDue ProcessExpert TestimonyTexas Medical Board

References

Case No. MISSING

Regular Panel Decision

Queens Blvd. Medical, P.C. v. Travelers Indemnity Co.

The plaintiff, Queens Blvd. Medical, P.C., sought $950 in first-party no-fault benefits for biofeedback medical services provided to its assignor for lower back and chronic pain syndrome. The central issue at trial was the medical necessity of these services under Insurance Law § 5102 (a) (1). The plaintiff established a prima facie case with expert testimony from a board-certified neurologist affirming the medical appropriateness of biofeedback. The defendant insurance company failed to present admissible evidence to disprove medical necessity, as its expert was deemed incompetent to testify on biofeedback for back pain. Consequently, the court granted the plaintiff's motion for a directed verdict, awarding judgment for $950 along with statutory costs, interest, and attorney's fees.

No-fault benefitsMedical necessityBiofeedback treatmentExpert testimonyDirected verdictInsurance lawChronic pain syndromeBack injuryCPT codesBurden of proof

References

Case No. MISSING

Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard

References

Case No. MISSING

Regular Panel Decision

National Standard Insurance Co. v. Gayton

National Standard Insurance Company appealed a judgment awarding workers’ compensation benefits to Chris Gayton. The central issue was the admissibility of medical records containing diagnoses and opinions from treating physicians (Dr. A.R. Fernandez, Dr. Wainscott, and Dr. Corbin) when Gayton had not listed them as expert witnesses in discovery interrogatories. National Standard argued for exclusion based on Texas Rules of Civil Procedure 166b and 215, which require designation of expert witnesses. The court, however, distinguished between testifying experts and nontestifying medical experts whose opinions are part of authenticated medical records. It held that the discovery rules for testifying experts do not preclude the admission of such medical records. Consequently, the judgment awarding benefits to Gayton was affirmed.

Discovery ProceduresExpert TestimonyMedical EvidenceAdmissibility of EvidenceTexas Rules of Civil ProcedureAppellate PracticePersonal Injury LitigationDisability BenefitsTreating Physician's RecordsHearsay Rule Exception

References

Case No. MISSING

Regular Panel Decision

Sep 15, 1997

Mushatt v. Cayuga Medical Center

Plaintiff appealed a judgment favoring defendants Cayuga Medical Center and the estate of her obstetrician, Frank Flacco, in a medical malpractice case. Plaintiff alleged that negligent care during her son Quandale's birth on August 15, 1990, led to his severe spastic cerebral palsy, mental retardation, and seizure disorder, attributing it to oxygen deprivation caused by a delayed Cesarean section. Defendants argued the oxygen deprivation occurred prior to delivery due to an acute event and chronic condition, and their care met standards. The jury sided with defendants. On appeal, plaintiff challenged the verdict's weight, the application of CPLR 4519 (Dead Man's Statute), the admission of testimony regarding her drug and alcohol use, and a missing witness charge. The Supreme Court Appellate Division affirmed the judgment, finding no errors warranting reversal.

Medical MalpracticeBirth InjuryCerebral PalsyOxygen DeprivationCesarean SectionExpert WitnessDead Man's StatuteCPLR 4519Appellate ReviewNegligence

References

Case No. MISSING

Regular Panel Decision

Michael Hospadales and Loomis Armored US, LLC v. Roy McCoy

Roy McCoy was awarded $292,000 in damages by a jury against Michael Hospadales and Loomis Armored US, LLC, for injuries sustained in a motor-vehicle accident. Hospadales and Loomis appealed, challenging the legal and factual sufficiency of the evidence regarding causation, the admissibility of medical records, and the jury's awards for past lost earning capacity, medical expenses, and pain and suffering, as well as McCoy's contributory negligence. The appellate court affirmed the trial court's judgment, finding the evidence legally and factually sufficient to support the jury's verdict. Specifically, Dr. Rodriguez's expert testimony on the causation of McCoy's knee, back, and neck injuries was deemed reliable and his qualifications established. The court found no abuse of discretion in the admission of medical records and affirmed the damage awards.

Motor Vehicle AccidentPersonal InjuryCausation Expert TestimonyMedical MalpracticeDamages AssessmentAppellate LawSufficiency of EvidenceContributory Negligence DefensePreexisting Condition AggravationOrthopedic Surgery

References

Case No. MISSING

Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages

References

Case No. 03-17-00357-CV

Regular Panel Decision

Nov 21, 2017

George Allibone, M.D. v. Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board Juanita Garner, Investigator of the Texas Medical Board And the Texas Medical Board

George Allibone, M.D., appealed the denial of his petition for a protective order against an administrative subpoena issued by the Texas Medical Board. The subpoena sought patient medical and billing records for an investigation into complaints against Allibone. He contended the trial court erred by failing to issue findings of fact and conclusions of law and by abusing its discretion in finding the subpoena reasonable and relevant. The appellate court found Allibone waived his complaint regarding missing findings. It also concluded the trial court did not abuse its discretion, citing the Board's need for complete records for investigation and Allibone's failure to prove the unconstitutionality of the statute requiring compliance. The trial court's order was affirmed.

Medical Board InvestigationAdministrative SubpoenaPhysician RecordsConstitutional RightsDue ProcessJudicial Review of Agency ActionAbuse of DiscretionFourth AmendmentTexas LawProfessional Licensing

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 12-15-00014-CV

Regular Panel Decision

Jun 03, 2015

East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors

References

Case No. 2-06-016-CV

Regular Panel Decision

Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability

References

Case No. 03-18-00232-CV

Regular Panel Decision

Aug 28, 2018

Joseph Cotropia M.D. v. Texas Medical Board and in His Official Capacity Only, Sherif Zaafran, President of the Texas Medical Board

Medical License RevocationPhysician SupervisionAdvanced Practice NursesPain Management ClinicStandard of CareMedical Practice ActAdministrative LawDue ProcessExpert TestimonyTexas Medical Board

References

Case No. MISSING

Regular Panel Decision

Queens Blvd. Medical, P.C. v. Travelers Indemnity Co.

No-fault benefitsMedical necessityBiofeedback treatmentExpert testimonyDirected verdictInsurance lawChronic pain syndromeBack injuryCPT codesBurden of proof

References

Case No. MISSING

Regular Panel Decision

Kurz v. St. Francis Hospital

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard

References

Case No. MISSING

Regular Panel Decision

National Standard Insurance Co. v. Gayton

References

Case No. MISSING

Regular Panel Decision

Sep 15, 1997

Mushatt v. Cayuga Medical Center

Medical MalpracticeBirth InjuryCerebral PalsyOxygen DeprivationCesarean SectionExpert WitnessDead Man's StatuteCPLR 4519Appellate ReviewNegligence

References

Case No. MISSING

Regular Panel Decision

Michael Hospadales and Loomis Armored US, LLC v. Roy McCoy

References

Case No. MISSING

Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages

References

Case No. 03-17-00357-CV

Regular Panel Decision

Nov 21, 2017

George Allibone, M.D. v. Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board Juanita Garner, Investigator of the Texas Medical Board And the Texas Medical Board

Medical Board InvestigationAdministrative SubpoenaPhysician RecordsConstitutional RightsDue ProcessJudicial Review of Agency ActionAbuse of DiscretionFourth AmendmentTexas LawProfessional Licensing

References

Showing 1-10 of 17,809 results

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