Split Panel Says UT Hospital Patient’s Fall Injury Is Med Mal

Law360 (March 26, 2020, 7:57 PM EDT) -- A split Texas appellate panel determined Thursday that a patient’s slip-and-fall suit against a University of Texas hospital could be considered a medical malpractice allegation rather than ordinary negligence, and tossed the suit because the patient failed to file an expert report as required for medical malpractice.

In a 2-1 ruling, a Fourteenth Court of Appeals panel reversed a Galveston County judge’s denial of a motion to dismiss in a suit accusing the University of Texas Medical Branch at Galveston of causing colonoscopy patient Brenda Jackson’s injuries after she slipped on water while walking from the prep room to the procedure...

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