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Click here for the full text of this decision FACTS:Theresia Groomes, individually and as next friend of H.K., her minor son, sued USH of Timberlawn, Inc. f/k/a Timberlawn Mental Health System for false imprisonment, intentional infliction of emotional distress and abuse of process when Timberlawn did not discharge H.K. from its facility upon her request. Timberlawn filed a motion to dismiss Groomes’ claims pursuant to the Texas Medical Liability and Insurance Improvement Act, article 4590i (the MLIIA), arguing that Groomes’ claims are recast health care liability claims and should be dismissed because she failed to provide an expert report as required by that statute. Timberlawn also filed a motion for summary judgment. The trial court granted the motion to dismiss and did not reach the merits of the summary judgment motion. Groomes appeals the trial court’s determination, arguing that her claims are not health care liability claims. HOLDING:Affirmed. The MLIIA imposes restrictions on health care liability claims to “reduce excessive frequency and severity of health care liability claims” and to “make affordable medical and health care more accessible and available to the citizens of Texas.” For the MLIIA and its restrictions to apply, the claim must be a “health care liability claim” as described in MLIIA at 1.03(a)(4): a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care or health care or safety which proximately results in injury to or death of the patient, whether the patient’s claim or cause of action sounds in tort or contract. On appeal, Groomes argues that her claims are not health care liability claims because the administration of medication to H.K. without her consent is not a question of the standard of care, but a question of a breach of the law. She also argues her false imprisonment claim is “nothing but a [claim for] straightforward detention” because H.K.’s detention without authority, not his care, is her complaint. The court disagrees and notes that, for Groomes to prevail on her claim for false imprisonment, Groomes must prove that Timberlawn acted without authority of law. But the court notes that Texas law authorizes physicians who have reasonable cause to believe a patient meets the criteria for court-ordered mental health services to seek court intervention for that patient’s safety. Consequently, the doctor’s decision to discontinue H.K.’s discharge and to seek court-ordered detention, and whether that decision was appropriate, implicates H.K.’s diagnosis, care, and treatment while at Timberlawn. The court finds that the underlying nature of all of Groomes’ claims against Timberlawn derive from the doctors’ decisions to administer medication and to discontinue H.K.’s discharge. As a result, the hospital’s alleged acts or omissions are inextricably intertwined with the patient’s medical treatment and the hospital’s provision of medical care. Thus, the court concludes, Groomes cannot avoid the requirements of the MLIIA by recasting her claims as non-medical negligence claims. Consequently, the court holds that the trial court properly determined that Groomes’ claims were health care liability claims controlled by the MLIIA because they arose “from health care provided to H.K. [and] that his admission, discharge, and discontinuance of discharge order were decisions made by physicians exercising their medical judgment.” OPINION:Lang-Miers, J., Whittington, Moseley and Lang-Miers, JJ.

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