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14th Court of Appeals Upholds Williams Decision

by E. Dale Burrus, JD, LLM on March 26th, 2013

Pursuant to the Texas Supreme Court’s ruling in West Oaks v. Williams, the 14th Court of Appeals speedily upheld the district court’s dismissal of a premises liability case for failure to have an expert report. In Ross v. St. Luke’s Episcopal Hospital¸ the 14th Court of Appeals determined that the Williams case required an expert report in a case brought by a non-patient for a breach of the standard of care of safety unrelated to health care. Specifically, a claim brought by a hospital visitor who fell in the hospital lobby is a health care liability claim that requires a 120 day expert report. Because the plaintiff did not serve an expert report, the 14th Court of Appeals agreed the case should be dismissed.  This is only one of many cases that are being appealed after the Williams decision.

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