Coming Attractions Bridal v. Texas Health Resources (Opinion)
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The Supreme Court held that the corporation alleging a healthcare liability claim against a hospital in this case fell within the Texas Medical Liability Act's definition of "claimant" under Tex. Civ. Prac. & Rem. Code 74.351(a) and that the allegations stated a health care claim against the hospital, and therefore, the corporation was required to submit an expert report supporting the claim.
A bridal shop in Ohio was required to close when health authorities learned that a nurse at the Dallas Presbyterian Hospital who had visited the bridal shop was diagnosed as having the Ebola virus. The shop's owner sued the hospital, alleging that the hospital's negligence in failing to prevent transmission of the Ebola virus to the nurse caused the shop to close permanently due to health concerns and adverse publicity. Invoking the Act, the hospital moved to dismiss the claims because the owner failed to submit an expert report detailing a factual basis for its healthcare liability claim. The trial court denied the motion. The court of appeals reversed. The Supreme Court affirmed, holding that the business's claims that the hospital's departure from accepted safety standards caused its injury stated a healthcare liability claim under the Act and that the business was a claimant under the Act.
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