Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Christus Spohn Health System Corp. v. Sanchez

The underlying nature of appellees' claims is that the hospital breached the standards of care and safety owed to appellee by failing to protect her from the allegedly assaultive conduct of its nursing staff. The complained-of conduct was an inseparable part of the care provided to appellee as a patient at the hospital, and appellees' claims against the hospital therefore constituted health care liability claims subject to the expert report requirement of section Texas Civil Practice and Remedies Code �74.351(a). Corpus Christi Court of Appeals, Nos. 13-09-00055-CV & 13-09-00092-CV, 10-29-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza.

This consolidated appeal involves the alleged sexual assault of a patient by nursing staff in a hospital intensive care unit (ICU).*fn1 Appellants Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi-Shoreline (Spohn-Shoreline), Edwin DeJesus, and Alain Njoh challenge the trial court’s denial of their motions to dismiss a lawsuit filed by appellees Sandra Sanchez and Omar Aleman for failure to serve an adequate expert report as required by section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a)-(b) (Vernon Supp. 2009). By three issues on appeal, appellants argue that: (1) appellees’ claims are health care liability claims; (2) appellees’ expert reports did not constitute a good-faith effort to comply with the statute and were fatally deficient; and (3) section 74.351′s expert report requirement is constitutional under the United States and Texas Constitutions. We affirm.

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
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Partner: ELWM Litigation

The Los Angeles office of Epstein Becker & Green is seeking a partner-level attorney to work in its growing national management-side Emp...


Apply Now ›
Associate

We re a Business Law firm looking to hire an experienced Associate Attorney for our litigation and transactional practices. We have offices ...


Apply Now ›
Deputy District Attorney I/II/III

Salary: $81,785.60 - $131,414.40 Annually Description: The Deputy District Attorney I/II/III performs a variety of professional legal wor...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements