Appellate Counsel Scott Novak recently successfully reversed the denial of a motion to dismiss by the County Court at Law No. 2 of Cameron County, Texas, which rejected a bid to dismiss a personal injury claim by a patient of a rehabilitation facility due to the failure to serve an expert report per TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a).

The issue on appeal was whether the Plaintiff could recast a healthcare claim as a simple premises claim to avoid the report requirements of that statute. Following extensive briefing and oral arguments, the Court of Appeals for the 13th District of Texas – Corpus Christi – Edinburgh agreed that the Plaintiff’s pleadings concerned healthcare and safety standards implicating the hospital’s duties as a healthcare provider. Because the Plaintiff was on the premises to receive healthcare and initially claimed violations of duties owed to him as a post-stroke patient with ambulation problems, the Court of Appeals reasoned that the case could not be reframed to avoid the Chapter 74’s report requirement.

The Court of Appeals, without reservation, found the trial court erred in permitting the Plaintiff to reclassify his lawsuit to avoid the Chapter 74’s report requirement, reversed the trial court’s denial of the hospital’s motion to dismiss, and remanded the matter with instructions to dismiss all claims with prejudice and award attorney’s fees. This is another outstanding victory for a Mayer client and our appellate team!