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Weatherford Texas Hospital Company, L.L.C. v. Smart

Court of Appeals of Texas, Second District, Fort Worth

January 23, 2014

WEATHERFORD TEXAS HOSPITAL COMPANY, L.L.C. D/B/A WEATHERFORD REGIONAL MEDICAL CENTER, APPELLANT
v.
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.

OPINION

BOB MCCOY, JUSTICE.

I. Introduction

In a single issue, Appellant Weatherford Texas Hospital Company, L.L.C. d/b/a

Page 463

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.

II. Background

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.

III. Discussion

The TMLA defines a " health care liability ...


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