Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Drewery v. Adventist Health System/Texas Inc.

Appellant was an employee of the a hospital as a surgical technician. He was admitted as a patient at the hospital to undergo a tonsillectomy. The appellant alleges that, while he was under anesthesia, two nurses painted his fingernails and toenails with pink nail polish, wrapped his thumb with tape and wrote "Barb was here" and "Kris was here" on the bottoms of his feet. The appellant brought suit under several non health-care liability causes of action against the nurses, the hospital and other hospital employees. The appellant did not serve any employee with an expert report. The trial court dismissed all of appellant's claims with prejudice. Appellant's claims are not health care liability claims impermissibly "recast" as intentional torts. The trial court's dismissal is reversed and the cause is remanded. Austin Court of Appeals, No. 03-10-00334-CV, 05-20-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Appellant Chauncey Drewery filed suit against appellees Barbara Wiedebusch, R.N., and Kristien Williams, R.N., alleging causes of action for assault and intentional infliction of emotional distress. He alleged the same causes of action against Wiedebusch and Williams’ colleagues, appellees Betty S. Thorp, R.N., and Warren Voegele, under a theory of “aider and encourager” liability, and against their employer, Adventist Health System/Texas, Inc. and Metroplex Health System d/b/a Metroplex Hospital (collectively, “the Hospital”) under a theory of vicarious liability. All defendants filed motions to dismiss Drewery’s claims against them under chapter 74 of the civil practice and remedies code, asserting that they were health care liability claims in support of which Drewery had failed to file a medical expert report. The trial court granted the defendants’ motions and dismissed all of Drewery’s claims with prejudice. Drewery appeals, arguing that the trial court erred in characterizing his assault and intentional infliction of emotional distress claims as health care liability claims subject to the expert-report requirement. We will reverse the trial court’s order and remand the cause for further proceedings.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal