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SCOTX Decides Two Texas Health Care Liability Act Cases

WebThe Texas Supreme Court issued two opinions addressing the contours of Chapter 74, CPRC, the Texas Health Care Liability Act enacted in 2003 as part of the …

Actived: 7 days ago

URL: https://tcjl.com/scotx-mandamuses-dallas-court-of-appeals-in-texas-medical-liability-act-discovery-dispute/

New Federal Lawsuit Challenging the Caps: What’s Going On

WebHB 4 anticipated voter approval of Art. 3, §66 by establishing a $250,000 per claimant cap on noneconomic damages in a health care liability claim (§74.301, CPRC). …

Category:  Health Go Health

Why Preserving the $250,000 Cap in Medical Liability Cases Is the …

WebAs we have recently reported, Texas’ cap on noneconomic damages has one more come under attack, this time in an Austin federal court. We have speculated as …

Category:  Health Go Health

Eastland Court of Appeals Throws Out Medical Malpractice …

WebAbilene Regional Medical Center and Brian Ganesh, M.D. v. Eugenia Fae Prince, Individually and on Behalf of All Wrongful Death Beneficiaries, and as Personal …

Category:  Medical Go Health

Personal Jurisdiction Case Once Again Reveals Rift in Dallas Court …

WebAs we reported last August, the Dallas Court of Appeals’ ruling in Steward Health Care Sys.LLC v. Saidara, 633 S.W.3d 120 (Tex. App.—Dallas 2021, no pet.) …

Category:  Health Go Health

Biopharmaceutical Company Seeks Mandamus Relief Against Qui …

WebIn a case that has already been rejected by federal courts and the Department of Justice, a biopharmaceutical group has asked the Texas Supreme Court …

Category:  Health Go Health

Dallas Court of Appeals Reverses TC Dismissal of Health Care …

WebHaving gotten over the timeliness issue, the court of appeals proceeded to find that Dr. Todd’s report complied with the statute. His qualifications as a neurologist …

Category:  Health Go Health

Time to Revisit the Standards for Awarding Mental Anguish …

WebMoore v. Lillebo, 722 S.W.2d 683 (Tex. 1986). The supreme court allowed for the first time recovery mental anguish in a wrongful death case without requiring some …

Category:  Health Go Health

SCOTX Grants Mandamus in Paid or Incurred Case Involving …

WebIn a per curiam opinion, the Texas Supreme Court has granted mandamus relief to a relator whose discovery requests for relevant evidence of a health care …

Category:  Health Go Health

SCOTX Sets Oral Argument in Case Involving Abuse of Discretion …

WebThe Dallas Court of Appeals is in the spotlight once more for an apparent clear abuse of discretion in a medical negligence case involving a Dallas-area nursing …

Category:  Medical Go Health

Waco Court of Appeals Splits Over Application of Chapter 74 to

WebThe court of appeals affirmed but split over the proper application of Ross v. St. Luke’s Episcopal Hosp. 462 S.W. 3d 496 (Tex. 2015).Ross established a test for …

Category:  Health Go Health

Dallas Court of Appeals Declines to Recognize Private Cause of …

WebThe court of appeals affirmed the trial court’s dismissal of both suits for lack of subject matter jurisdiction based on lack of standing. The court rejected the providers’ …

Category:  Health Go Health

Proposed Legislation Creates 51 New Causes of Action and 53 …

WebWith a little more than month before the bill filing deadline (March 10), TCJL is tracking dozens of bills that create new private causes of action, new liability for civil, …

Category:  Health Go Health

Proposed Legislation (HB 2021) Applies Certain Mandates …

WebRecently introduced legislation would require a pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit …

Category:  Health Go Health

Pandemic Liability Protection Act: Is SB 6 Working

WebThe answer is almost certainly yes. While it is always difficult to assess how many lawsuits might have been filed if the Legislature had not intervened, we feel …

Category:  Health Go Health

Legislation Protecting Women with Certain Pregnancy …

WebGovernor Abbott has signed into law a very significant piece of legislation that flew largely under the radar this session. HB 3058 by Rep. Ann Johnson (D-Houston) …

Category:  Health Go Health

Private Employers Required to Use E-Verify System Under …

WebUnder proposed legislation heard yesterday in the Senate Business & Commerce Committee, virtually all private employers in Texas will be required to …

Category:  Health Go Health

Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 …

WebIn Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health …

Category:  Health Go Health

SCOTX Tosses $6.3 Million Award in Defamation Case

WebThe trial court declined to comment. The jury found no illegal antitrust conspiracy or tortious interference, but returned a verdict of $6.3 million on the …

Category:  Health Go Health

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