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Texas West Oaks Hospital, Lp and v. Frederick Williams

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Argued November 8, 2011

JUSTICE WAINWRIGHT delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE HECHT, JUSTICE GREEN, JUSTICE JOHNSON, and JUSTICE GUZMAN joined. JUSTICE LEHRMANN filed a dissenting opinion, in which JUSTICE MEDINA and JUSTICE WILLETT joined.

At issue in this interlocutory appeal is whether the claims of an employee against his employer, both of whom are health care providers, alleging injuries arising out of inadequate training, supervision, risk-mitigation, and safety in a mental health facility, constitute health care liability claims (HCLCs) under the Texas Medical Liability Act (TMLA or Act). See TEX. CIV. PRAC. & REM. CODE ch. 74 et seq. We conclude that the TMLA does not require that the claimant be a patient of the health care provider for his claims to fall under the Act, so long as the Act’s other requirements are met. We hold that the employee here is properly characterized as a “claimant” under the Act and his allegations against his nonsubscribing employer are health care and safety claims under the TMLA’s definition of HCLCs, requiring an expert report to maintain his lawsuit.

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