McKelvy v. Columbia Medical Center of McKinney Subsidiary, L.P.
Jeannie McKelvy, an employee of Columbia Medical Center of McKinney Subsidiary, L.P., d/b/a McKinney Medical Center (the Hospital), sustained injuries from a slip and fall at work due to leaking lab equipment. She filed a negligence claim against the Hospital, which is a non-subscriber to workers' compensation insurance. The Hospital moved to dismiss her claims under the Texas Medical Liability Act (Chapter 74) for failure to file an expert report, arguing her claims were health care liability claims. The trial court granted the Hospital's motion. On appeal, McKelvy argued her claims were ordinary negligence claims, not subject to Chapter 74. The appellate court reviewed the definition of a 'health care liability claim' under section 74.001(a)(13) of the Texas Civil Practices and Remedies Code. The court concluded that McKelvy's claims, stemming from a hazardous floor caused by leaking lab equipment, did not have an indirect relationship to the provision of health care and did not involve a patient-physician relationship. Therefore, her claims were not health care liability claims, and the trial court erred in dismissing her case. The appellate court reversed the trial court's order and remanded the case for further proceedings.