Court of Appeals of Texas, Second District, Fort Worth
WEATHERFORD TEXAS HOSPITAL COMPANY, L.L.C. D/B/A WEATHERFORD REGIONAL MEDICAL CENTER, APPELLANT
KATHERINE F. SMART, APPELLEE
Petition for review filed by, 03/07/2014
FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY. HON. JERRY BUCKNER.
FOR APPELLANT: TY BAILEY, STINNETT THIEBAUD & REMINGTON L.L.P., DALLAS, TEXAS.
FOR APPELLEE: BART BEHR, BEHR LAW FIRM, SAN MARCOS, TEXAS.
PANEL: DAUPHINOT, WALKER, and MCCOY, JJ.
BOB MCCOY, JUSTICE.
In a single issue, Appellant Weatherford Texas Hospital Company, L.L.C. d/b/a
Weatherford Regional Medical Center (WRMC) appeals the denial of its motion to dismiss Appellee Katherine F. Smart's claim, arguing that Smart's claim is a health care liability claim for which Smart failed to submit an expert report under the Texas Medical Liability Act (TMLA). See Tex. Civ. Prac. & Rem. Code Ann. § § 74.001-.507 (West 2011 & Supp. 2013). We affirm.
After visiting a patient in the WRMC emergency room, Smart slipped on a puddle of water in the hospital lobby and fell. After Smart sued WRMC under negligence and premises defect theories, WRMC filed a motion to dismiss based on her failure to provide an expert report under civil practice and remedies code section 74.351. The trial court denied WRMC's motion, and this interlocutory appeal followed.
The TMLA defines a " health care liability ...