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Columbia North Hills Hospital Subsidiary L.P. v. Alvarez

In this interlocutory appeal, a hospital challenges the trial court's denial of its motion to dismiss a health care liability claim. Because the direct liability claims are about the alleged failure in the hospital's administrative care, the expert does not need to be a nurse or physician to qualify as an expert for the direct liability claims; rather, he needs to be an experienced hospital administrator. The trial court's order is affirmed. Fort Worth Court of Appeals, No. 02-12-00009-CV, 09-27-2012.

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OPINION

Columbia North Hills Hospital Subsidiary, L.P. d/b/a North Hills Hospital brings this interlocutory appeal challenging the trial court’s denial of its motion to dismiss under section 74.351 of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West 2011). In five issues, North Hills contends that the trial court abused its discretion by (1) granting appellees- Bulmaro Alvarez, individually and as representative of the estate of Sandra Alvarez, deceased, and as next friend of Saray Alvarez and Marilyn Alvarez, minors, and Sandy Alvarez, individually-a thirty-day extension to amend their expert report, (2) finding appellees’ expert qualified to give an expert report, (3 & 4) finding the expert report sufficient to meet the statutory report requirement, and (5) failing to dismiss appellees’ health care liability claim with prejudice. We affirm.

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