Murk v. Scheele, 120 S.W.3d 865 (Tex. 2003). · Go Syfert
Murk v. Scheele, 120 S.W.3d 865 (Tex. 2003). Cases Citing This Book View Copy Cite
102 citation events (102 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of I.B. (2025)
“A certified nonprofit health organization “may not interfere with, control, or otherwise direct a physician’s professional judgment in violation of this subchapter or any other provision of law, including board rules.” 4 This language not only prohibits interference and control, but also uses the catch-all term “otherwise” to prohibit any other means of unlawfully directing a physician. 5 The…”
Dissent Franka v. Velasquez (2011)
“Murk v. Scheele, 120 S.W.3d 865, 867 (Tex.2003) (per curiam).”
Top citers, strongest first. 37 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of I.B. (2×) also: Cited as authority (rule)
Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
but the fact that renaissance may not legally interfere with or control burke's professional judgment has no bearing on the question of whether the alleged negligence took place within the course and scope of his employment.
discussed Cited as authority (rule) Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of I.B. (2×) also: Cited "see"
Tex. · 2025 · confidence medium
We rejected a similar contention in Murk v. Scheele, holding that a government hospital could be vicariously liable under the Texas Tort Claims Act because the physician accused of malpractice was the hospital’s employee under common-law rules. 120 S.W.3d 865, 867 (Tex. 2003).
discussed Cited as authority (rule) Texas Department of Transportation v. Mark Self and Birgit Self
Tex. · 2024 · confidence medium
And in Murk v. Scheele, we similarly held that a University of Texas medical student was not in the paid service of the university because he received no monetary benefit other than medical professional liability insurance coverage. 120 S.W.3d 865, 867 (Tex. 2003).
discussed Cited as authority (rule) Acclaim Physician Group, Inc. v. Kierra Wright and Domoniqe Jackson
Tex. App. · 2023 · confidence medium
The Texas Supreme Court has explained that the TTCA’s definition of employee “does not require that a governmental unit control every detail of a person’s work.” Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (rejecting argument that physician was not TTCA employee even though exercise of physician’s independent judgment was outside governmental unit’s right of control).
discussed Cited as authority (rule) Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of XXXXX XXXXX, a Minor (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
In a similar case, the Texas Supreme Court held that a neurosurgeon was properly considered an employee of a public teaching hospital under the TTCA even though he “exercise[d] independent judgment in treating patients.” Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003).
discussed Cited as authority (rule) Texas Department of Transportation v. Mark Self and Birgit Self
Tex. App. · 2022 · confidence medium
But the independent-contractor determination under the TTCA is tinctured by the fact that the Act’s “definition of ‘employee’ does not require that a governmental unit control every detail of a person’s work.” Fryday v. Michaelski, 541 S.W.3d 345, 350 (Tex. App.—Houston [14th Dist.] 2017, pet. denied) (quoting Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003)).
discussed Cited as authority (rule) Texas Department of Transportation v. Mark Self and Birgit Self
Tex. App. · 2022 · confidence medium
Id. at 369 . 34 But the independent-contractor determination under the TTCA is tinctured by the fact that the Act’s “definition of ‘employee’ does not require that a governmental unit control every detail of a person’s work.” Fryday v. Michaelski, 541 S.W.3d 345, 350 (Tex. App.—Houston [14th Dist.] 2017, pet. denied) (quoting Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003)).
cited Cited as authority (rule) Elda Alaniz v. Christus Spohn Health System Corporation D/B/A Christus Spohn Hospital Corpus Christi - Shoreline
Tex. App. · 2021 · confidence medium
Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (per curiam).
cited Cited as authority (rule) Travis M. Dehorney, TDCJ No. 2027434 v. Sherri Talley M.D., Samuel B. Itie, M. Fuentes
Tex. App. · 2021 · confidence medium
Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003).
examined Cited as authority (rule) Connie Hinojosa v. Metropolitan Transit Authority of Harris County, Texas (3×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
See Marino v. Lenoir, 526 S.W.3d 403, 406 (Tex. 2017) (“The statutory definition of employee of a governmental unit requires that the defendant ‘is in the paid service’ of the 7 claimed governmental unit.”); Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (affirming appellate court’s holding that physician not in state university’s “paid service” was not entitled to summary judgment as employee of UT); Harris Cnty. v. Dillard, 883 S.W.2d 166, 167 (Tex. 1994) (under “plain language” of TTCA section 101.021(1), governmental unit is not liable for actions of person who is not…
cited Cited as authority (rule) Elizabeth Protas v. University of Texas Medical Branch at Galveston, David Callender, M.D. Individually and in His Official Capacity, and Danny Jacobs, M.D., Individually and in His Official Capacity
Tex. App. · 2018 · confidence medium
Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (emphasis in the original).
cited Cited as authority (rule) Harris County Appraisal District v. Texas Workforce Commission
Tex. · 2017 · confidence medium
In Murk v. Scheele, we determined whether a physician was an employee of a hospital for purposes of the Texas Tort Claims Act. 120 S.W.3d 865, 866 (Tex. 2003).
discussed Cited as authority (rule) Jerry A. Powell, MD v. Eric Knipp and Laura Knipp
Tex. App. · 2015 · confidence medium
“Under the Texas Tort Claims Act, a person is not an employee of a governmental unit if the. person performs tasks the details of which the governmental unit does not have the legal right to control.” Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003) (internal quotation marks omitted).
cited Cited as authority (rule) Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians
Tex. App. · 2015 · confidence medium
CODE ANN. § 101.001(2); Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003).
cited Cited as authority (rule) Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians
Tex. App. · 2015 · confidence medium
CODE ANN. § 101.001(2); Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003).
examined Cited as authority (rule) Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight, Individually and as Next Friend of Nayla McKnight v. Leah Anne Gonski Marino F/K/A Leah Anne Gonski and Jaou-Chen Huang, M.D. (3×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
CODE ANN. § 101.001(2); Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003).
examined Cited as authority (rule) Lenoir v. Marino (3×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
PRAc. & Rem.Code Ann. § 101.001(2); Murk v. Seheele, 120 S.W.3d 865, 867 (Tex.2003).
examined Cited as authority (rule) Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight, Individually and as Next Friend of Nayla McKnight v. Leah Anne Gonski Marino F/K/A Leah Anne Gonski and Jaou-Chen Huang, M.D. (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Joseph Hosp. v. Wolff, 94 S.W. 3d 513, 542 (Tex. 2002), instead of Murk v. Scheele, 120 S.W. 3d 865, 866-67 (Tex. 2003).
discussed Cited as authority (rule) Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight, Individually and as Next Friend of Nayla McKnight v. Leah Anne Gonski Marino F/K/A Leah Anne Gonski and Jaou-Chen Huang, M.D. (2×) also: Cited "see, e.g."
Tex. App. · 2014 · confidence medium
CODE ANN. § 101.106(f); 101.001(2); Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (holding that UT Health Science Center faculty-physician was properly dismissed because Health Science Center had right to control his work).
discussed Cited as authority (rule) Olivares v. Brown & Gay Engineering, Inc.
Tex. App. · 2013 · confidence medium
Under the TTCA, a person is not an employee of a governmental unit if the person is an independent contractor or “performs tasks the details of which the governmental unit does not have the legal right to control.” See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003) (quoting Tex. Civ.
discussed Cited as authority (rule) Zuleima Olivares. Individually and as the Representative of the Estate of Pedro Olivares, Jr., and Pedro Olivares, Individually v. Brown & Gay Engineering and Mike Stone Enterprises, Inc.
Tex. App. · 2013 · confidence medium
Under the TTCA, a person is not an employee of a governmental unit if the person is an independent contractor or “performs tasks the details of which the governmental unit does not have the legal right to control.” See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003) (quoting TEX.
discussed Cited as authority (rule) El Paso County v. Laura Solorzano, Individually and as Next Friend of Daniel Reyes, a Minor Child (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
Under the TTCA, a person is not an employee of a governmental unit if the person “performs tasks the details of which the governmental unit does not have the legal right to control.” See Murk v. Scheele , 120 S.W.3d 865, 866 (Tex. 2003), quoting Tex.Civ.Prac.&Rem.Code Ann. § 101.001(2).
discussed Cited as authority (rule) El Paso County v. Solorzano (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
Under the TTCA, a person is not an employee of a governmental unit if the person “performs tasks the details of which the governmental unit does not have the legal right to control.” See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003), quoting Tex.Civ.Prac. & Rem.
discussed Cited as authority (rule) El Paso County v. Laura Solorzano, Individually and as Next Friend of Daniel Reyes, a Minor Child (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
Under the TTCA, a person is not an employee of a governmental unit if the person “performs tasks the details of which the governmental unit does not have the legal right to control.” See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003), quoting TEX .CIV .PRAC.&REM .CODE ANN . § 101.001(2).
examined Cited as authority (rule) Franka v. Velasquez (8×) also: Cited "see"
Tex. · 2011 · confidence medium
Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (per curiam).
discussed Cited as authority (rule) Miers v. Texas a & M University System Health Science Center
Tex. App. · 2009 · confidence medium
Her argument is that Phillips’s exercise of independent professional judgment as a treating physician was outside of Baylor’s right of control, which would thereby exclude him from the statutory definition of “employee.” See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003).
discussed Cited as authority (rule) Jackie Miers v. Texas A&M University System Health Science Center D/B/A Baylor College of Dentistry & Dr. William Ralph Phillips, III, D.D.S.
Tex. App. · 2009 · confidence medium
Her argument is that Phillips’s exercise of independent professional judgment as a treating physician was outside of Baylor’s right of control, which would thereby exclude him from the statutory definition of "employee." See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003).
cited Cited as authority (rule) Safwat Kamel v. Tiffany Sotelo, MD
Tex. App. · 2009 · confidence medium
In so holding, we distinguish Murk v. Scheele . 120 S.W.3d 865, 867 (Tex. 2003), relied on by appellant.
discussed Cited as authority (rule) Texas Bay Cherry Hill, L.P. v. the City of Fort Worth, Texas, and Becky L. Haskin
Tex. App. · 2008 · confidence medium
Murk v. Sheele, 120 S.W.3d 865, 867 (Tex. 2003) (rejecting argument that physician was not government employee even though exercise of physician’s independent professional judgment was outside governmental unit’s right of control).
discussed Cited as authority (rule) Texas Bay Cherry Hill, L.P. v. City of Fort Worth
Tex. App. · 2008 · confidence medium
Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. 2003) (rejecting argument that physician was not government employee even though exercise of physician’s independent professional judgment was outside governmental unit’s right of control).
discussed Cited as authority (rule) Texas Bay Cherry Hill, L.P. v. the City of Fort Worth, Texas, and Becky L. Haskin
Tex. App. · 2008 · confidence medium
Murk v. Sheele , 120 S.W.3d 865, 867 (Tex. 2003) (rejecting argument that physician was not government employee even though exercise of physician’s independent professional judgment was outside governmental unit’s right of control) .
discussed Cited as authority (rule) Welch v. Milton
Tex. App. · 2006 · confidence medium
If it did, a governmental unit could never ‘be liable for ... injury ... proximately caused by ... the negligence of an employee ... arisfing] from the operation or use of a motor-driven vehicle’ even though section 101.021(1) of the Act provides for such liability.’ Id. at 867 (emphasis original) (holding a physician who exercised independent, professional judgment while serving as a paid physician for the University of Texas Health Center was an employee of UT for purposes of section 101.106). d.
discussed Cited as authority (rule) Bustillos v. Jacobs (2×) also: Cited "see"
Tex. App. · 2005 · confidence medium
Prac. & Rem.Code Ann. § 101.106; Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003).
discussed Cited as authority (rule) Antonio J. Villasan, M.D. v. William O'Rourke, Individually Laura O'Rourke, Individually and Laura O'Rourke A/N/F of Brock O'Rourke
Tex. App. · 2005 · confidence medium
Branch at Galveston v. York , 871 S.W.2d 175, 179 (Tex. 1994) (governmental immunity protected UTMB from liability for its physician's failure to diagnose a broken hip); Texas Dep't of Criminal Justice v. Miller , 51 S.W.3d 583, 585 (Tex. 2001) (Department of Criminal Justice shielded by sovereign immunity for its physician's failure to diagnose fatal meningitis); Murk v. Scheele , 120 S.W.3d 865, 866 (Tex. 2003) (University of Texas Health Science Center's employee, a neurosurgeon, entitled to immunity for allegedly delaying spinal decompression surgery).
discussed Cited as authority (rule) Villasan v. O'ROURKE
Tex. App. · 2005 · confidence medium
Branch at Galveston v. York, 871 S.W.2d 175, 179 (Tex.1994) (governmental immunity protected UTMB from liability for its physician’s failure to diagnose a broken hip); Texas Dep’t of Criminal Justice v. Miller, 51 S.W.3d 583, 585 (Tex.2001) (Department of Criminal Justice shielded by sovereign immunity for its physician’s failure to diagnose fatal meningitis); Murk v. Scheele, 120 S.W.3d 865, 866 (Tex.2003) (University of Texas Health Science Center’s employee, a neurosurgeon, entitled to immunity for allegedly delaying spinal decompression surgery).
discussed Cited "see" In Re M. Brett Cooper, M.D. v. the State of Texas (2×) also: Cited "see, e.g."
Tex. App. · 2025 · signal: see · confidence high
See Murk v. Scheele, 120 S.W.3d 865, 866 (Tex. 2003).
discussed Cited "see" Jessica D. Lee, M.D. v. Lois Hunter, Individually and on Behalf of the Estate of James Hunter
Tex. App. · 2016 · signal: see · confidence high
See Murk v. Scheele, 120 S.W.3d 865, 867 (Tex. –4– 2003) (physician whose practice is controlled by governmental unit is not precluded from being an employee simply because she must exercise some independent medical judgment).
Retrieving the full opinion text from the archive…
Steven MURK, M.D. and Gary M. Flangas, M.D.
v.
Brian SCHEELE and Cindi Scheele
01-0205.
Texas Supreme Court.
Nov 7, 2003.
120 S.W.3d 865
Christopher John Deeves, Cynthia Day Grimes, Ruth G. Malinas, Ball & Weed, P.C., San Antonio, Christopher James Carlin, for petitioners., Gavin H. Mclnnis, Jacobson, Mclnnis & Wilson, L.L.P., Sugar Land, Dale Hicks, for respondents.
Per Curiam.
Cited by 49 opinions  |  Published
PER CURIAM.

Under the Texas Tort Claims Act, a person is not an employee of a governmental unit if the person “performs tasks the details of which the governmental unit does not have the legal right to control.” [1] The principal question in this case is whether a physician who exercises independent judgment in treating patients can be an employee of a governmental unit within the meaning of the Act. We answer in the affirmative and accordingly reverse the judgment of the court of appeals in part. [2]

Brian Scheele fell from his horse and sustained serious head and back injuries. He was taken to University Hospital, a public teaching hospital for indigent patients that is owned and operated by the Bexar County Health District and staffed with medical faculty, residents, and students of the University of Texas Health Science Center (“UT”). Scheele was treated by Dr. Steven Murk, a neurosurgeon on UT’s faculty, and by Dr. Gary Flangas, a UT graduate medical student and chief neurosurgery resident at the Hospital. When he was discharged, Scheele was unable to walk. Several months later, another doctor performed spinal decompression surgery, which allowed some neurological improvement, although he remains confined to a wheelchair.

Scheele and his wife sued UT, Murk, and Flangas, alleging that the decompression surgery should have been performed within seven days of Scheele’s injury, while he remained in their care, and that if it had been, he would not be a functional paraplegic. UT, a governmental unit, moved for summary judgment on the ground that it was immune from suit, and the trial court granted the motion and severed the judgment, making it final. The Scheeles did not appeal. Murk and Flangas then moved for summary judgment based in part on section 101.106 of the Texas Tort Claims Act, which provides that “[a] judgment in an action ... under [the Act] bars any action involving the same subject matter by the claimant against the employee of the governmental unit whose act or omission gave rise to the claim.” [3] Section 101.001(2) of the Act defines “employee” as follows:

“Employee” means a person, including an officer or agent, who is in the paid service of a governmental unit by competent authority, but does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control. [4]

The trial court granted their motion.

A divided court of appeals reversed, concluding in part that neither physician had conclusively established that he was UT’s employee. [5] Flangas, the court held, had not proved that he was in UT’s “paid service” within the meaning of section 101.001(2). [6] And while Murk was undis-putedly in UT’s “paid service”, the court held that his acknowledgment that treatment of patients required independent judgment precluded him from establishing[*867] that UT had the legal right to control the details of his work. [7] The court remanded the case for further proceedings.

Here, Murk and Flangas argue only that they are entitled to summary judgment under section 101.106. Flangas was paid by the District. The only monetary benefit UT provided him was medical professional liability insurance coverage, [8] and the District reimbursed UT for the cost of that coverage. Thus, no part of Flangas’s compensation was ultimately paid by UT, and he therefore cannot be said to have been in UT’s “paid service”. [9] The court of appeals correctly concluded that Flangas was not entitled to summary judgment as an employee of UT.

The Scheeles concede that Murk was compensated entirely by UT and was thus in its “paid service”. They argue, however, as the court of appeals held, that Murk’s exercise of independent professional judgment as a treating physician was outside UT’s right of control, thereby excluding him from the statutory definition of “employee”. This argument sweeps far too broadly. The Act’s definition of “employee” does not require that a governmental unit control every detail of a person’s work. The operator of a motor vehicle, for example, must exercise independent judgment, but this does not mean that he or she cannot be considered an employee under the Act. If it did, a governmental unit could never be “liable for ... injury ... proximately caused by ... the negligence of an employee arisfing] from the operation or use of a motor-driven vehicle”, [10] even though section 101.021(1) of the Act provides for such liability. Similarly, a physician whose practice is controlled by a governmental unit is not precluded from being an “employee” within the meaning of the Act simply because he or she must exercise some independent medical judgment.

Murk practiced only for UT as a member of UT’s faculty. All of his compensation came from UT. Most importantly, his medical decisions in the treatment of patients were subject to regimens prescribed by UT (such as required daily rounds), faculty supervision and review, and in some instances, veto by UT’s senior faculty. While the nature of his practice as a physician required him to make many medical decisions using his own professional judgment, the necessity for that judgment did not, by itself, vitiate UT’s right to control the details of his practice. [11] The trial court correctly granted summary judgment for Murk.

Accordingly, we grant Murk and Flan-gas’s petition for review and without hearing oral argument, [12] reverse the court of appeals’ judgment regarding Murk, render judgment that the Scheeles take nothing from Murk, and affirm the remainder of the judgment remanding the Scheeles’ claims against Flangas to the trial court for further proceedings.

1

. TEX. CIV. PRAC. & REM. CODE § 101.001(2).

2

. 121 S.W.3d 1, 2001 WL 99882 (Tex.App.San Antonio 2001).

3

. TEX. CIV. PRAC. & REM. CODE § 101.106.

4

. Id. § 101.001(2).

9

. See Hanis County v. Dillard, 883 S.W.2d 166, 167 (Tex.1994) (holding that a volunteer reserve deputy sheriff is not in the county’s "paid service” because he is not paid).

10

. TEX. CIV. PRAC. & REM. CODE § 101.021(1)(A).

11

. See St. Joseph Hosp. v. Wolff, 94 S.W.3d 513, 542 (Tex.2002); Dalehite v. Nauta, 79 S.W.3d 243, 245-46 (Tex.App.-Houston [14th Dist.] 2002, pet. denied).

12

. TEX. R. APP. P. 59.1.