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Christus Spohn Health System Corp. v. Sanchez

The underlying nature of appellees' claims is that the hospital breached the standards of care and safety owed to appellee by failing to protect her from the allegedly assaultive conduct of its nursing staff. The complained-of conduct was an inseparable part of the care provided to appellee as a patient at the hospital, and appellees' claims against the hospital therefore constituted health care liability claims subject to the expert report requirement of section Texas Civil Practice and Remedies Code �74.351(a). Corpus Christi Court of Appeals, Nos. 13-09-00055-CV & 13-09-00092-CV, 10-29-2009

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OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza.

This consolidated appeal involves the alleged sexual assault of a patient by nursing staff in a hospital intensive care unit (ICU).*fn1 Appellants Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi-Shoreline (Spohn-Shoreline), Edwin DeJesus, and Alain Njoh challenge the trial court’s denial of their motions to dismiss a lawsuit filed by appellees Sandra Sanchez and Omar Aleman for failure to serve an adequate expert report as required by section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a)-(b) (Vernon Supp. 2009). By three issues on appeal, appellants argue that: (1) appellees’ claims are health care liability claims; (2) appellees’ expert reports did not constitute a good-faith effort to comply with the statute and were fatally deficient; and (3) section 74.351′s expert report requirement is constitutional under the United States and Texas Constitutions. We affirm.

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