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PM MANAGEMENT-TRINITY NC, LLC v. KUMETS

No. 12-0451.

404 S.W.3d 550 (2013)

PM MANAGEMENT-TRINITY NC, LLC d/b/a Trinity Care Center, Petitioner, v. Michael KUMETS, Pavel Kumets, and Strul Kumets, Individually and as Next Friend for Yevgeniya Kumets, Respondents.

Supreme Court of Texas.

June 28, 2013.

Attorney(s) appearing for the Case

Amanda Jean Ellis , Emily Jane Davenport , Kemp Smith LLP, Austin, Ken Slavin , Kemp Smith, LLP, El Paso, for Petitioner PM Management-Trinity NC, LLC.

Dominic C. Audino , The Law Offices of Dominic Audino, Austin, for Respondent Michael Kumets.

PER CURIAM.

In this dispute, the trial court refused to dismiss a claim that a nursing home unlawfully discharged a resident in retaliation for complaints made by the resident's family. The court concluded that the claim was not a "health care liability claim" (HCLC) for which the Texas Medical Liability Act (TMLA) requires a supporting expert report. The court of appeals affirmed, with one justice dissenting in part. Because this retaliation claim was based on the...

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