Texas Justices To Decide If Tort Reform Law Covers Autopsies

Law360, Houston (June 12, 2015, 10:23 PM EDT) -- The Texas Supreme Court on Friday agreed to look at whether a postmortem fraud claim can be a health care liability claim under Texas law and thus subject to dismissal or limitation of liability under the Texas Medical Liability Act, in a case of a woman who sued a Houston-area hospital over the autopsy of her husband.

Linda Carswell sued Christus St. Catherine Hospital in January 2004 after hospital personnel allegedly failed to properly evaluate her husband's condition before and after administering a large dose of painkillers. She later added postmortem fraud claims alleging improper hospital conduct in obtaining her consent to an autopsy and...

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