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44 Texas opinions name it 2 courts 2001–2023 3 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sorokolit v. Rhodesgreen2 sentences2003Sorokolit v. Rhodes , 889 S.W.2d 239, 242 (Tex. 1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex. App.--Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc. , 965 S.W.2d 745, 751 (Tex. App.--Fort Worth 1998, pet. denied). 2003Sorokolit v. Rhodes, 889 S.W.2d 239, 242 (Tex.1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex.App.-Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc., 965 S.W.2d 745, 751 (Tex.App.-Fort Worth 1998, pet. denied). | 6 | 6 |
Horizon/CMS Healthcare Corp. v. Fischergreen2 sentences2005See Walker , 111 S.W.3d at 65 ; Horizon/CMS Healthcare Corp. v. Fischer , 111 S.W.3d 67, 68 (Tex. 2003). 2005See Walker , 111 S.W.3d at 65 ; Horizon/CMS Healthcare Corp. v. Fischer , 111 S.W.3d 67, 68 (Tex. 2003). | 4 | 4 |
Walker v. Gutierrezgreen2 sentences2005See Walker , 111 S.W.3d at 65 ; Horizon/CMS Healthcare Corp. v. Fischer , 111 S.W.3d 67, 68 (Tex. 2003). 2005See Walker , 111 S.W.3d at 65 ; Horizon/CMS Healthcare Corp. v. Fischer , 111 S.W.3d 67, 68 (Tex. 2003). | 4 | 4 |
Diversicare General Partner, Inc. v. Rubiogreen2 sentences2022“The health care standard applies the ordinary care of trained and experienced medical professionals to the treatment of patients entrusted to them.” Id. 2010The Court held that the touchstone for distinguishing between a premises and a health care claim is that the latter involves an act or omission that is “inseparable from the provision of healthcare.” Id. | 3 | 9 |
Hart v. Wrightgreen2 sentences2003Sorokolit v. Rhodes , 889 S.W.2d 239, 242 (Tex. 1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex. App.--Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc. , 965 S.W.2d 745, 751 (Tex. App.--Fort Worth 1998, pet. denied). 2003Sorokolit v. Rhodes, 889 S.W.2d 239, 242 (Tex.1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex.App.-Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc., 965 S.W.2d 745, 751 (Tex.App.-Fort Worth 1998, pet. denied). | 3 | 3 |
Savage v. Psychiatric Institute of Bedford, Inc.green2 sentences2003Sorokolit v. Rhodes , 889 S.W.2d 239, 242 (Tex. 1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex. App.--Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc. , 965 S.W.2d 745, 751 (Tex. App.--Fort Worth 1998, pet. denied). 2003Sorokolit v. Rhodes, 889 S.W.2d 239, 242 (Tex.1994); Hart v. Wright, 16 S.W.3d 872, 877 (Tex.App.-Fort Worth 2000, pet. denied); Savage v. Psychiatric Inst., Inc., 965 S.W.2d 745, 751 (Tex.App.-Fort Worth 1998, pet. denied). | 3 | 3 |
Gormley v. Stovergreen2 sentences2002See, e.g., Gormley v. Stover, 907 S.W.2d 448, 450 (Tex.1995); Sorokolit, 889 S.W.2d at 242 (Tex.1994). 2002See, e.g., Gormley v. Stover , 907 S.W.2d 448, 450 (Tex. 1995); Sorokolit , 889 S.W.2d at 242 (Tex. 1994). | 3 | 3 |
Hill v. Milanigreen2 sentences2008Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex. 1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute's predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex. 1985) (TEX.REV.CIV. 2008Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex.1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute’s predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985) (Tex.Rev.Civ. | 2 | 2 |
Bala v. Maxwellgreen2 sentences2008Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex. 1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute's predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex. 1985) (TEX.REV.CIV. 2008Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex.1995) (general wrongful death statute of limitations is trumped by health care claim statute of limitations) (decided under the Statute’s predecessor, former Article 4590i of the Texas Revised Civil Statutes); Hill v. Milani, 686 S.W.2d 610, 611 (Tex.1985) (Tex.Rev.Civ. | 2 | 2 |
Murphy v. Russellgreen2 sentences2006See Murphy v. Russell, 167 S.W.3d 835, 838-39 (Tex.2005) (holding that statute requires that claims that might involve a health care standard of care will be subject to 4590i). 2006See Murphy v. Russell , 167 S.W.3d 835 , 838–39 (Tex. 2005) (holding that statute requires that claims that might involve a health care standard of care will be subject to 4590i). | 2 | 2 |
Healthcare Centers of Texas, Inc. v. Rigbygreen2 sentences2004See Rigby, 97 S.W.3d at 620 ; Zuniga, 94 S.W.3d at 783 ; Rubio, 82 S.W.3d at 783 ; Bush, 39 S.W.3d at 672-73 . 2004See Rigby , 97 S.W.3d at 620 ; Zuniga , 94 S.W.3d at 783 ; Rubio , 82 S.W.3d at 783 ; Bush , 39 S.W.3d at 672-73. | 2 | 2 |
Texas West Oaks Hospital, LP v. Williamsgreen2 sentences2015In my dissent in that case, I disagreed with the Court’s holding “that the mere peripheral involvement of a patient transforms an ordinary negligence claim into a health care claim.” Id. at 194-95 (Lehrmann, J., dissenting). 2015In my dissent in that case, I the exit doors was for the purpose of protecting patients. disagreed with the Court’s holding “that the mere Nor does the record reflect that the area where Ross fell peripheral involvement of a patient transforms an was one where patients might be during their treatment so ordinary negligence claim into a health care claim.” Id. at that the hospital’s obligation to protect patients was 194–95 (Lehrmann, J., dissenting). | 1 | 3 |
Bush v. Green Oaks Operator, Inc.green2 sentences2004See Rigby, 97 S.W.3d at 620 ; Zuniga, 94 S.W.3d at 783 ; Rubio, 82 S.W.3d at 783 ; Bush, 39 S.W.3d at 672-73 . 2004See Rigby , 97 S.W.3d at 620 ; Zuniga , 94 S.W.3d at 783 ; Rubio , 82 S.W.3d at 783 ; Bush , 39 S.W.3d at 672-73. | 1 | 2 |
Jernigan v. Langleygreen1 sentence2023“Waiver is defined as ‘an intentional relinquishment of a known right or intentional conduct inconsistent with claiming that right.’” Jernigan v. Langley, 111 S.W.3d 153, 156 (Tex. 2003) (per curiam). | 1 | 1 |
Samlowski v. Wootengreen1 sentence2018Id. (citing Samlowski v. Wooten, 332 S.W.3d 404, 410 (Tex. 2011) (internal citations omitted)). | 1 | 1 |
Mitchell v. Methodist Hospitalgreen1 sentence2015Indeed, the statutorily approved medical authorization form explicitly states that it is intended to facilitate “investigation and evaluation of the health care claim described in the accompanying Notice of Health Care Claim” or “[d]efense of any litigation arising out of the claim made the basis of the accompanying Notice of Health Care Claim.” Mitchell v. Methodist Hosp., 376 S.W.3d 833, 836-37 (Tex. App.— Houston [1st Dist.] 2012, pet. denied) (quoting TEX. | 1 | 1 |
Gardner v. U.S. Imaging, Inc.green1 sentence2010See Gardner v. U.S. Imaging, Inc., 274 S.W.3d 669, 671-72 (Tex.2008). | 1 | 1 |
Emeritus Corp. v. Highsmithgreen1 sentence2008See Emeritus Corp. v. Highsmith , 211 S.W.3d 321, 328-330 (Tex. App.--San Antonio 2006, pet. denied) (holding order merely stating "this case is abated until 60 days from the date Defendants receive notice of a health care claim" with no evidence of what lawyers or trial court intended by that order does not extend deadline to serve expert report); Estate of Regis ex rel. | 1 | 1 |
Williams v. Walkergreen2 sentences2001See Williams v. Walker, 995 S.W.2d 740, 741 (Tex.App.—Eastland 1999, no pet.); Waters ex rel. 2001See Williams v. Walker, 995 S.W.2d 740, 741 (Tex.App.-Eastland 1999, no pet.); Waters ex rel. | 1 | 1 |
McGlothlin v. Cullingtongreen1 sentence2001See McGlothlin, 989 S.W.2d at 452 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jose Carreras, M.D., P.A. v. Marroquin
green
2 sentences2018The purpose of the pre-suit notice, including the authorized release of health information, is to “encourage negotiations and settlement of disputes prior to suit, thereby reducing litigation costs.” Carreras, 339 S.W.3d at 73 . 2015Indeed, the word is found nowhere sibly settle those with merit at an early stage.’ ” Jose in the definition of health care or health care liability Carreras, M.D., P.A. v. Marroquin, 339 S.W.3d 68 , 73 © 2015 Thomson Reuters. | 2 | 2015–2018 |
Zanchi v. Lane
green
2 sentences2014In any event, as discussed above, we believe that the supreme court’s recent ruling in Zanchi v. Lane, 408 S.W.3d 373 (Tex. 2013), supports the proposition that sending an expert report along with a pre-suit notice cannot satisfy the expert report requirements. 11 prior to suit, because Hebner and Scott diligently but mistakenly attached the wrong expert report when they filed their original petition, and because Hebner and Scott corrected their mistake by serving the correct report when they discovered the oversight. 2014In any event, as discussed above, we believe that the supreme court’s recent ruling in Zanchi v. Lane, 408 S.W.3d 373 (Tex.2013), supports the proposition that sending an expert report along with a pre-suit notice cannot satisfy the expert report requirements. | 2 | 2014–2014 |
Rubio v. Diversicare General Partner, Inc.
green
2 sentences2004See Rigby, 97 S.W.3d at 620 ; Zuniga, 94 S.W.3d at 783 ; Rubio, 82 S.W.3d at 783 ; Bush, 39 S.W.3d at 672-73 . 2004See Rigby , 97 S.W.3d at 620 ; Zuniga , 94 S.W.3d at 783 ; Rubio , 82 S.W.3d at 783 ; Bush , 39 S.W.3d at 672-73. | 2 | 2004–2004 |
Zuniga v. Healthcare San Antonio, Inc.
green
2 sentences2004See Rigby, 97 S.W.3d at 620 ; Zuniga, 94 S.W.3d at 783 ; Rubio, 82 S.W.3d at 783 ; Bush, 39 S.W.3d at 672-73 . 2004See Rigby , 97 S.W.3d at 620 ; Zuniga , 94 S.W.3d at 783 ; Rubio , 82 S.W.3d at 783 ; Bush , 39 S.W.3d at 672-73. | 2 | 2004–2004 |
Jocson v. Crabb
neutral
2 sentences2004The court of appeals held they did by (1) failing to obtain a ruling on objections they lodged *270 to the ad litem’s attendance at several depositions, and (2) failing to introduce the ad litem’s files. 98 S.W.3d 273, 278-79 . 2004The court of appeals held they did by (1) failing to obtain a ruling on objections they lodged to the ad litem = s attendance at several depositions, and (2) failing to introduce the ad litem = s files. 98 S.W.3d 273, 278-79 . | 2 | 2004–2004 |
Mock v. Presbyterian Hospital of Plano
green
1 sentence2018Relying on Mock v. Presbyterian Hospital of Plano, 379 S.W.3d 391 (Tex. App.—Dallas 2012, pet. denied), Broderick also argues the authorization form she provided was sufficient to toll the running of limitations for up to seventy-five days under section 74.051(c) of the civil practice and remedies code because “this is not a typical health care claim” and her failure to provide the required information did not frustrate the purposes of the statute. | 1 | 2018–2018 |
Hebner v. Reddy
green
1 sentence2018Id. (citing Samlowski v. Wooten, 332 S.W.3d 404, 410 (Tex. 2011) (internal citations omitted)). | 1 | 2018–2018 |
Lezlea Ross v. St. Luke's Episcopal Hospital
green
2 sentences2015The court noted that whether a slip-and-fall is a health care claim may not ahyays be clear, and emphasized that the “pivotal issue in a safety standards-based claim is whether the standards, on which the claim is based implicate the defendant’s duties as a health care provider, including its duties to provide for patient safety.” Id. at 505 . 2015Id. | 1 | 2015–2015 |
Lee v. Boothe
green
1 sentence2013Lee, 235 S.W.3d at 451 . | 1 | 2013–2013 |
Aviles v. Aguirre
green
1 sentence2011Id. at 648—49. | 1 | 2011–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.