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Texas Medical Liability Trust v. Garza3/14/1996
03/14/1996
On Petition for Writ of Mandamus.
O P I N I O N
In this original mandamus proceeding, relator, Texas Medical Liability Trust (TMLT), seeks to set aside Judge Robert Garza's order sustaining the State's objection to indemnification pursuant to a medical malpractice settlement between Dr. John Tucker and claimant, Ricardo Barron. We conditionally grant the writ of mandamus.
On July 7, 1982, Barron received treatment for a knife wound in his back at the emergency room of Dolly Vinsant Memorial Hospital. Barron complained of numbness in his leg and back. Dr. Rogans, the emergency room physician, stitched the puncture wound located around the T-12 vertebral disc area, but did not take any x-rays or perform a physical examination. Later that morning, Barron saw his family physician, Dr. Tucker, for a follow-up. Barron continued to complain about pain in his left thigh and leg. Dr. Tucker did not order x-rays of Barron's back or document an examination of any stab wounds either. Barron went back to the hospital on July 12, 1982, complaining of weakness and pain to his left leg. Dr. Minto removed the stitches but did not physically examine Barron or order x-rays. Barron's hospital chart documents a stab wound in the lower lumbar back. On July 13, Barron went to see Dr. Tucker at San Benito Medical Associates, Inc. for additional care of his back and leg because of continued pain and numbness. Barron saw Dr. Simmons, instead, who told him that he was suffering from a muscle spasm and was sent home.
In May 1992, Barron sought treatment from Dr. Tucker for injuries sustained in an automobile accident. Because Barron continued to experience persistent back and leg pain, he sought treatment from a chiropractor. The chiropractor x-rayed Barron and informed him on March 17, 1993 that he had a three and a half inch knife blade in his back, located at about the T-12 vertebral area. Barron delivered the x-rays to Dr. Tucker who forwarded them to a radiologist for an analysis. The portion of the x-ray which showed the knife blade was circled. The radiologist interpreted the circled object as being a surgical pin inserted to stabilize fusion of Barron's back. However, Barron had never had back surgery. Barron maintained that he experienced pain in his back and left leg from 1982 to 1992.
In 1994, Barron filed suit against Dr. Tucker and others asserting that they were negligent in their treatment of his injury and that they fraudulently concealed the presence of the knife blade in his back. Barron sought recovery for injuries resulting from the knife blade remaining in his back for approximately ten years. The parties eventually settled their claims, and pursuant to the release and settlement agreement, the trial court dismissed the suit.
Subsequently, TMLT, Dr. Tucker's insurance carrier, notified the Attorney General of the settlement and requested indemnification from the State of Texas. Chapter 110 of the Texas Civil Practice and Remedies Code requires the State to provide indemnification for malpractice to doctors devoting at least ten percent of their practice to charity care, and to indemnify them for actual damages they become obligated to pay pursuant to an agreed settlement. See Tex. Civ. Prac. & Rem. Code Ann. Section(s) 110.002-.003 (Vernon Supp. 1996). The damages must be based on an eligible health care liability claim against the health care professional in the course and scope of providing health care. Id. Section(s) 110.003(a). An "eligible health care liability claim" is defined in the Medical Liability and Insurance Improvement Act (the Medical Liability Act). Id. Section(s) 110.001(2). The Medical Liability A
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