Texas’ 12-year-old medical malpractice tort reform law was originally aimed at protecting doctors and hospitals from frivolous health care liability claims. But that same law also protects them from slip-and-fall cases, workers’ compensation disputes—even a negligent hiring claim involving a valet driver, according to a recent appellate court decision.
On Feb. 10, Houston’s Fourteenth Court of Appeals issued Brazos Presbyterian Homes d/b/a The Hallmark v. Lander, which dismissed a case that plaintiffs filed against a retirement home. The court held that the plaintiffs’ negligent hiring claim was really a “health care liability claim” under Chapter 74 of the Texas Civil Practices & Remedies Code, even though the dispute involves an elderly woman who was allegedly injured by a contract valet driver who was parking the woman’s car outside the home.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]