Collin Creek Assisted Living Center, Inc. v. Faber (Opinion)
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The Supreme Court reversed the judgment of the court of appeals reversing the dismissal of the underlying cause of action and rendering judgment dismissing the claim, holding that the cause of action was a health care liability claim because it met the applicable factors articulated in Ross v. St. Luke's Episcopal Hospital, 462 S.W.3d 496 (Tex. 2015).
Plaintiff sued Defendant for negligence, negligent hiring, and premises liability. Defendant moved to dismiss the case, alleging that it was a health care provider under the Texas Medical Liability Act (Act), Tex. Civ. Prac. & Rem. Code 74.001-74.507 and that Plaintiff failed timely to serve an expert report. Plaintiff amended her petition so that only the premises liability claim remained. The trial court dismissed the claim. An en banc court of appeals reversed, concluding that no expert report was needed because Plaintiff's claim was not a health care liability claim. The Supreme Court reversed, holding that Plaintiff's cause of action constituted a health care liability claim under Ross, and therefore, the TMLA's expert-report requirement applied.
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