Rogers v. Bagley (Opinion)Annotate this Case
The Supreme Court held that claims pleaded under 42 U.S.C. 1983 that were asserted against a state mental health facility and its employees arising from the death of a patient are health care liability claims subject to the Texas Medical Liability Act (TMLA) and that section 1983 does not preempt the TMLA's expert report requirement.
Plaintiff sued Rio Grande State Center (RGCS) and ten individual defendants after his son died in RGSC's care. As to RGSC, Plaintiff alleged negligence, and as to the individual defendants, Plaintiff asserted claims under 42 U.S.C. 1983. Defendants moved to dismiss the claims for failure to serve an expert report under Tex. Civ. Prac. & Rem. Code 74.351(b). The trial court denied the motion to dismiss, and Plaintiff nonsuited the negligence claim against RGSC. The court of appeals affirmed, holding that the expert report requirement of the TMLA was preempted by section 1983. The Supreme Court reversed, holding (1) Plaintiff's claims were health care liability claims subject to the TMLA; and (2) section 1983 does not preempt the TMLA's expert-report requirement.