Marisa Schouten Successfully defends client at Texas Supreme Court
Are all accidents that happen on a hospital’s property subject to the strict laws meant to protect hospitals and doctors from frivolous healthcare liability lawsuits? That was the question decided by the Texas Supreme Court last Friday. The case before the high court involved hospital visitor Louisa Reddic who was represented by Martin Walker Law’s Marisa Allen. Reddic was injured when she slipped on a floor mat located in an East Texas hospital’s front entryway.
Previously, in the lower Twelfth Court of Appeals, the hospital had successfully argued that Reddic would need to file an expert report, claiming that her injury represented a healthcare liability suit. The Texas Supreme Court disagreed. In a per curiam opinion, the high court ruled that Reddic’s suit should not be subject to the stricter laws, noting that Reddic was not injured in an area of the hospital where patients sought or received medical treatment.
Before this important reversal, trial lawyers and judges “were assuming the worst, that any action occurring on a hospital premises was de facto a medial malpractice case,” Allen noted, explaining that many similar cases had been dismissed since a previous 2012 Texas Supreme Court Ruling.
“We are pleased with the court’s opinion,” Allen said. “I’m glad to see the Supreme Court is drawing some clear lines for practitioners.”
For a more in-depth look at this case see Law 360’s coverage of the issues.