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Broken Hospital Bed Found to Be Health Care Liability Claim with Expert Report Requirements


A patient's claim against a hospital for injuries arising from improper operation of a hospital bed, which hospital's employees allegedly negligently assembled or maintained, was a “health care liability claim” within the meaning of the Texas Medical Liability and Insurance Improvement Act and, therefore, was subject to the requirement of submitting an expert report. The court held a health care liability claim cannot be recast as another cause of action to avoid the expert report requirements under the Medical Liability and Insurance Improvement Act. See: Marks v. St. Luke's Episcopal Hosp., 319 S.W.3d 658, 53 Tex. Sup. Ct. J. 1077 (Tex. Aug 27, 2010).

 

 

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