UT Cancer Center Says Doc's Decision Didn't Affect Immunity

Law360 (February 19, 2019, 6:09 PM EST) -- If an MD Anderson Cancer Center patient's death was caused by a medical judgment error and not by negligent use of state property, the resulting claim must be barred by sovereign immunity, the hospital's attorney told the Texas Supreme Court in oral arguments on Tuesday.

MD Anderson, part of the University of Texas System, is appealing a state appeals court decision that a sufficient link had been established between the state property used to treat cancer patient Courtney McKenzie-Thue and her death to show the hospital waived its immunity under the Texas Tort Claims Act and could be sued. The original...

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