MEMORIAL HERMANN HOSP. SYSTEM v. GALVAN

No. 14-13-00120-CV.

434 S.W.3d 176 (2014)

MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A Memorial Hermann Southwest Hospital, Appellant v. Sylvia GALVAN, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing and En Banc Overruled April 11, 2014.


Attorney(s) appearing for the Case

Mary M. Wagner , Frank N. Luccia , Houston, for Appellant.

Ryan Blake Gross , Houston, for Appellee.

Panel consists of Chief Justice FROST and Justices BOYCE and BUSBY.


OPINION

KEM THOMPSON FROST, Chief Justice.

The main issue in this appeal is whether a non-patient slip-and-fall claim against a hospital is a health care liability claim under the Texas Medical Liability Act. The appellant, a hospital, asserts it is. The appellee, a person allegedly injured while visiting a hospital patient, asserts it is not. When no expert report was timely served, the hospital moved the trial court to dismiss the claim with prejudice...

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