 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Theroux v. Vick2/9/2005
AFFIRMED
This is an appeal from the trial court's order rendering summary judgment in favor of appellee. We conclude the trial court properly rendered summary judgment on appellant's fraud and false imprisonment claims. Therefore, we affirm.
BACKGROUND
In August 1999, appellant, Anne Theroux, was a patient under the care of Methodist Healthcare System of San Antonio, Ltd. d/b/a Methodist Specialty Transplant Hospital and appellee, Dr. Samuel Vick. Theroux was hospitalized for a kidney transplant from herself to her husband. In October 2001, Theroux sued the hospital and Vick, alleging claims for medical negligence, false imprisonment, lack of consent, and failure to disclose. Because Theroux did not file expert reports as required by the Texas Medical Liability and Insurance Improvement Act ("the MLIIA"), the hospital and Vick moved to dismiss her claims. The trial court granted the hospital's motion to dismiss and severed Theroux's claims against the hospital. The trial court dismissed all of Theroux's claims against Vick, except her claims for fraud and false imprisonment.
Vick filed a motion for traditional summary judgment, asserting that Theroux's fraud claim was a recast medical negligence claim and her false imprisonment claim was barred by the statute of limitations; and a no-evidence motion for summary judgment, asserting there was no evidence to support the fraud claim. The trial court granted the motion without stating its grounds, and this appeal by Theroux ensued.
FRAUD CLAIM
The MLIIA applies only to "health care liability claims," which are defined as claims "against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care or health care or safety which proximately results in injury to or death of the patient, whether the patient's claim or cause of action sounds in tort or contract." See former article 4590i, ยง 1.03(4). Plaintiffs may not avoid the MLIIA by recasting their causes of action as something other than health care liability claims. See Garland Cmty. Hosp. v. Rose, No. 02-0902, 2004 WL 2480381, at *2 (Tex. Nov. 5, 2004); MacGregor Med. Ass'n v. Campbell, 985 S.W.2d 38, 40 (Tex. 1998) (per curiam); Zuniga v. Healthcare San Antonio, Inc., 94 S.W.3d 778, 781 (Tex. App.---San Antonio 2002, no pet.). However, courts must be equally careful not to extend the MLIIA's reach beyond its stated bounds. Zuniga, 94 S.W.3d at 781. Not every action taken by a health care provider or every injury suffered by a patient falls within the ambit of the MLIIA. Id. The act or omission complained of must be an inseparable part of the rendition of medical services. See Walden v. Jeffery, 907 S.W.2d 446, 448 (Tex. 1995); see also Drury v. Baptist Memorial Hosp. Sys., 933 S.W.2d 668, 676 (Tex. App.---San Antonio 1996, writ denied). A cause of action will be considered a health care liability claim if it is based on a breach of a standard of care applicable to health care providers. Sorokolit v. Rhodes, 889 S.W.2d 239, 242 (Tex. 1994); see also MacGregor Med. Ass'n, 985 S.W.2d at 40-41. To determine whether a cause of action fits this definition, we look, not merely at the pleadings, but at the underlying nature of the claim. MacGregor Med. Ass'n, 985 S.W.2d at 40; Sorokolit, 889 S.W.2d at 242. We examine whether the claim involves the diagnosis, care, or treatment of the patient, and whether expert testimony would be required to prove the alleged negligence. See Rogers v. Crossroads Nursing Serv., Inc., 13 S.W.3d 417, 419 (Tex. App.---Corpus Christi 1999, no pet.). Therefore, in determining whether the trial court erred in granting Vick's motion for a t
Page 1 2 3 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|