Blog

Scroll For More

The Supreme Court Reiterates: Slip-and-Fall Cases Are Not Med Mal

by | Nov 25, 2015 | Personal Injury

In the case of Lezlea Ross v. St. Luke’s Episcopal Hospital, the Supreme Court ruled on May 1, 2015 that slip-and-fall cases are not health care liability claims, and the medical profession cannot be protected by the Texas Medical Liability Act. When the plaintiff initially filed suit, the hospital moved to dismiss for the reason that the slip-and-fall claim was a health care liability claim, and the plaintiff failed to produce an expert report within the specified time frame. The trial court granted the dismissal, and the court of appeals affirmed the decision.

According to the Supreme Court’s Opinion, “The issue is whether her suit is a health care liability claim under the Texas Medical Liability Act. The trial court and court of appeals concluded that it is. We hold that it is not, because the record does not demonstrate a relationship between the safety standards she alleged the hospital breached and the provision of health care”. The Supreme Court then reversed the judgment and remanded the case.

In the recent slip-and-fall case of Reddic v. East Texas Medical Center, in October 2015, the Supreme Court ruled in line with its May opinion and reiterated that slip-and-fall cases are not health care liability claims.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at 713-396-3964.

Archives

FindLaw Network
#TXTFREETX
Learn more about the Annual Text Free Texas Scholarship Contest

VIRTUAL OFFICE TOUR
Take a virtual tour of our office online!

CONTACT US TODAY!
Get Your Free Case Review