What a difference a year makes. On Aug. 27, a divided Texas Supreme Court held that a patient’s fall, allegedly caused by an unsafe hospital bed, is a health-care liability claim under the now-repealed Medical Liability and Insurance Improvement Act. Just 364 days earlier, the court held that the hospital-bed claim did not come under the MLIIA.
The main thing that changed in the intervening year was Justice David Medina’s mind. Medina wrote the 2009 majority opinion in Marks v. St. Luke’s Episcopal Hospital and the plurality opinion the Supreme Court issued on rehearing of the case.
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