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

Case No. 13-09-00350-CV
Regular Panel Decision
Jan 21, 2010

Gulf Coast Medical Center, LLC, Tony Todd, Crna, Dan Madsen, M.D. and South Texas Medical Clinics, P.A. v. Jacqueline Temple and Marcus Banks, Individually and as Representatives of the Estate of Markasia Banks, a Minor Child

Appellants, Gulf Coast Medical Center, LLC, Tony Todd, CRNA, Dan Madsen, M.D., and South Texas Medical Clinics, P.A., appealed the trial court's denial of their motions to dismiss. The underlying suit was filed by appellees Jacqueline Temple and Marcus Banks, alleging negligence in the care and treatment of their deceased minor child, Markasia Banks. The core issue on appeal was the appellees' failure to timely serve an expert medical report as required by the Texas Civil Practice and Remedies Code. The Court of Appeals determined that the appellees' claims were 'health care liability claims' and that the expert report was indeed untimely, and that an abatement due to a failure to provide medical authorization did not extend the deadline. The court also affirmed the constitutionality of the expert report requirement. Consequently, the appellate court reversed the trial court's judgment, granted the appellants' motions to dismiss, and remanded the case for the award of attorney's fees and costs to the appellants.

Health Care Liability ClaimExpert Medical ReportMotion to DismissTimeliness of ReportAbatementMedical MalpracticeNegligenceDue ProcessTexas ConstitutionAppellate Review
References
32
Case No. 13-15-00024-CV
Regular Panel Decision
Jul 06, 2015

Maria Zamarripa, as Temporary Guardian of the Estates of R. F. R. and R. J. R., Minors, and Olga Flores, as Temporary Administrator of the Estate of Yolanda Iris Flores v. Bay Area Health Care Group, Ltd. D/B/A Corpus Christi Medical Center, Hidalgo County EMS, and Hidalgo County Emergency Medical Service Foundation

This case involves an appeal by Maria Zamarripa and Olga Flores (Appellants) against Bay Area Health Care Group, Hidalgo County EMS, and Hidalgo County Emergency Medical Service Foundation (Appellees). The Appellants are challenging the trial court's orders that granted the Appellees' motions to dismiss. The core of the appeal centers on the qualifications of Nurse Spears as an expert witness and the sufficiency of expert reports regarding the standard of care, its breach, and causation in a medical malpractice claim involving Yolanda Iris Flores's injuries and death from placenta accreta and pre-term labor. Appellants argue that Nurse Spears is qualified, the expert reports adequately connect CCMC's alleged breach of care to the injuries, and alternatively, they are entitled to amend the reports. They pray for the reversal of the trial court's dismissal orders and a remand for further proceedings.

Medical MalpracticePlacenta AccretaPre-term LaborMedical NegligenceStandard of CareCausationExpert Witness QualificationsHospital LiabilityEmergency Medical Services (EMS)Wrongful Death
References
16
Case No. 15-25-00167-CV
Regular Panel Decision
Nov 26, 2025

Shannon Medical Center v. Michael Sickels and James Christopher Cole

Radiologists Michael Sickels and James Christopher Cole sued Shannon Medical Center, alleging the hospital failed to properly monitor, report, and restrict their exposure to radiation while they treated patients, leading to injuries including cancer and amputations. Shannon Medical Center, a licensed health care provider, moved to dismiss these claims under Section 74.351 of the Texas Civil Practice & Remedies Code, arguing that they constituted health care liability claims requiring a statutory expert report. Sickels and Cole denied their claims were health care liability claims, asserting they arose from violations of the Texas Radiation Control Act and Texas Administrative Code, that they were employees of Shannon Medical Center, and that they had satisfied the expert report requirement by providing voluminous medical records. The trial court denied Shannon Medical Center's motion to dismiss, prompting this appeal. Shannon Medical Center argues that the claims satisfy all elements of a health care liability claim, highlighting the substantial nexus to health care, the involvement of medical equipment, and the need for expert testimony. They also contend that Sickels and Cole are not employees of the hospital, but rather independent contractors employed by Shannon Clinic, and that the medical records provided do not meet Chapter 74's expert report requirements for standard of care, breach, and causation, nor was a curriculum vitae served. Shannon Medical Center seeks reversal of the trial court's denial, dismissal of the case with prejudice, and an award of statutory remedies.

Health Care Liability ClaimMedical MalpracticeExpert ReportRadiation ExposureHospital NegligenceTexas Civil Practice and Remedies Code Chapter 74Motion to DismissEmployment StatusIndependent ContractorRadiology
References
36
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
51
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
9
Case No. MISSING
Regular Panel Decision

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.

References
5
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
13
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
50
Case No. 03-10-00134-CV
Regular Panel Decision
May 22, 2012

Pifi Constancio, Individually and on Behalf of the Estate of Ruben Constancio v. Shannon Medical Center D/B/A Shannon West Texas Memorial Hospital

Pifi Constancio appealed the district court's decision to exclude her expert witness's causation opinion and grant a no-evidence summary judgment in her health care liability claim against Shannon Medical Center. Constancio alleged the hospital's nurses were negligent in concurrently administering medications and failing to use proper monitoring devices, which she claimed led to her husband, Ruben Constancio's, respiratory event, brain damage, and subsequent death. The Court of Appeals found that the exclusion of the expert's testimony was an abuse of discretion and that there was more than a scintilla of evidence to create a material fact issue regarding causation and wrongful death damages. Consequently, the court reversed both the order excluding the expert testimony and the order granting summary judgment, remanding the case for further proceedings.

Medical MalpracticeExpert TestimonyCausationSummary JudgmentRespiratory EventOversedationPulse OximetryAbuse of DiscretionHealth Care LiabilityWrongful Death
References
37
Case No. 08-18-00011-CV
Regular Panel Decision
Aug 14, 2019

Julio A. Hernandez and Rocio Martinez v. Enes M. Kanlic, M.D. El Paso County Hospital District D/B/A University Medical Center And Texas Tech Health Sciences Center

Julio Hernandez was rendered paraplegic after pelvic surgery at University Medical Center (UMC) by Dr. Enes M. Kanlic, an employee of Texas Tech University Health Sciences Center (TTUHSC). Hernandez and Rocio Martinez sued Dr. Kanlic and UMC for medical malpractice. The case involved complex interactions between the Texas Tort Claims Act (TTCA), its election-of-remedies provision, pre-suit notice requirements, and the Texas Medical Liability Act (TMLA) with its expert report mandate. UMC was dismissed for lack of an expert report. Dr. Kanlic was dismissed, and TTUHSC was substituted as the defendant under TTCA's election-of-remedies, but TTUHSC was also dismissed due to lack of pre-suit notice. Hernandez appealed, raising issues related to the "borrowed servant" doctrine and challenging the constitutionality of TTCA's provisions under the Open Courts Clause. The Court of Appeals affirmed the dismissals, concluding that Hernandez failed to overcome the legislative hurdles.

Medical MalpracticeTexas Tort Claims ActTexas Medical Liability ActGovernmental ImmunitySovereign ImmunityElection of RemediesPre-Suit NoticeExpert ReportBorrowed Servant DoctrineVicarious Liability
References
29
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