Certified EMS, Inc. v. Potts (Opinion)Annotate this Case
Plaintiff alleged that while she was a patient at a hospital, a hospital nurse, who was temporarily placed with the hospital by a staffing service, assaulted her. Plaintiff sued under the Texas Medical Liability Act, asserting that the staffing service was directly and vicariously liable for the nurse's conduct. The staffing service filed a motion to dismiss because the patient's expert reports did not specify how the service was directly negligent. The trial court denied the motion. The court of appeals affirmed, holding that because the reports supported a theory of vicarious liability against the staffing service, the lack of a description supporting direct liability was not fatal to Plaintiff's maintaining her cause of action. The Supreme Court affirmed but on different grounds, holding (1) an expert report that adequately addresses at least one pleaded liability theory satisfies the statutory requirements, and the trial court must not dismiss in such a case; and (2) Plaintiff demonstrated that at least one of her alleged theories, vicarious liability, had expert support, and therefore, the trial court correctly denied the motion to dismiss.