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Case No. 06-15-00049-CV

Regular Panel Decision

Oct 13, 2015

Cristina Marente, Individually and as Representative of the Estate of Christian Marente v. Eunice Asah and Epic Health Services, Inc.

This is a health care liability claim asserting nursing negligence against Eunice Asah, R.N., and her employer, Epic Health Services, Inc. The case originates from the alleged negligent removal and inability to re-insert a tracheostomy tube for Christian Marente, a seventeen-year-old with Jeune syndrome. The District Court granted the defendants' motions to dismiss after objections to the plaintiff's expert reports by Nurse Patti Bingham and Dr. Charles Marable. Appellants contend that their expert reports fulfill the requirements of Tex. Civ. Prac. & Rem. §74.351(r)(6) by detailing the standard of care, breach, and causation of Christian's injuries. They also argue that no expert report was necessary for their vicarious liability claims against Epic Health Services, Inc., and seek to reverse the dismissal.

Nursing NegligenceMedical MalpracticeExpert Witness QualificationsTracheostomy CareVicarious LiabilityMotion to DismissAppellate ReviewStandard of CareCausationHealth Care Liability Claim

References

Case No. MISSING

Regular Panel Decision

Nov 09, 2000

St. Joseph Hospital v. Wolff

This case concerns the vicarious liability of St. Joseph Hospital, a teaching hospital, for the alleged negligence of Dr. Mario Villafani, a resident in its sponsored medical residency program. Stacy Wolff suffered severe brain damage after a tracheostomy performed by Villafani at Brackenridge Hospital. The Wolffs sued St. Joseph, alleging various theories of vicarious liability including employment, joint enterprise, joint venture, "mission," and ratification. The Supreme Court of Texas reversed the court of appeals' judgment, finding insufficient evidence to support the jury's findings on joint enterprise, joint venture, ratification, and "mission" liability. The Court also concluded that Villafani was acting as the borrowed employee of the Central Texas Medical Foundation (Foundation) as a matter of law, meaning St. Joseph was not vicariously liable for his actions.

Vicarious LiabilityJoint EnterpriseJoint VentureRespondeat SuperiorBorrowed EmployeeMedical MalpracticeResidency ProgramTeaching HospitalPhysician NegligenceHospital Liability

References

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Cristina Marente, Individually and as Representative of the Estate of Christian Marente v. Eunice Asah and Epic Health Services, Inc.

Nursing NegligenceMedical MalpracticeExpert Witness QualificationsTracheostomy CareVicarious LiabilityMotion to DismissAppellate ReviewStandard of CareCausationHealth Care Liability Claim

St. Joseph Hospital v. Wolff

Vicarious LiabilityJoint EnterpriseJoint VentureRespondeat SuperiorBorrowed EmployeeMedical MalpracticeResidency ProgramTeaching HospitalPhysician NegligenceHospital Liability