Christus Spohn Health System Corp. v. Hernandez

492 S.W.3d 819, 2016 WL 1690048, 2016 Tex. App. LEXIS 4338
CourtCourt of Appeals of Texas
DecidedApril 27, 2016
DocketNo. 04-15-00812-CV
StatusPublished
Cited by2 cases

This text of 492 S.W.3d 819 (Christus Spohn Health System Corp. v. Hernandez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christus Spohn Health System Corp. v. Hernandez, 492 S.W.3d 819, 2016 WL 1690048, 2016 Tex. App. LEXIS 4338 (Tex. Ct. App. 2016).

Opinion

OPINION

Opinion by:

Patricia O. Alvarez, Justice

In the underlying lawsuit, Appellee Melissa Hernandez sued Appellant Christus Spohn Health System Corp. d/b/a Christus Spohn Hospital Kleberg (the “Hospital”), alleging the Hospital’s negligence contributed to the injuries Hernandez sustained when she was sexually assaulted by one of the Hospital’s nurses. In a prior appeal, this court held the trial court erred in [821]*821denying Hernandez’s request for an extension of time to cure her expert report after the Hospital initially challenged the expert report provided by Hernandez. See Hernandez v. Christus Spohn Health Sys. Corp., No. 04-14-00091-CV, 2015 WL 704721, at *4-5 (Tex.App.-San Antonio Feb. 18, 2015, ho pet.) (mem.op.). After the cause was remanded, Hernandez filed a supplemental expert report which was again challenged by the Hospital. In this appeal, the Hospital challenges the trial court’s order denying its motion to dismiss, asserting the trial court abused its discretion because Hernandez’s expert report either did not provide any opinion regarding causation or, in the alternative, any such opinion on causation was eonclu-sory and legally insufficient to satisfy the expert report requirements of section 74.851 of the Texas Civil Practice and Remedies Code. See Tex. Crv. PRAC. & Rem. Code Ann. § 74.351(r)(6) (West Supp.2015).

We agree Hernandez’s expert report was insufficient. Accordingly, we reverse the trial court’s order and render judgment dismissing Hernandez’s claims against the Hospital: We remand the cause to the trial court to determine the amount of court costs and attorney’s fees the Hospital should be awarded pursuant to section 74.351(b)(1) of the Code. Id.

Factual Backgeound

Hernandez sought medical treatment at the emergency room of the Hospital for severe stomach- pain. During the course of her treatment, Hernandez alleged she was sexually assaulted by Andres Bueno, one of the Hospital’s nurses. With regard to the Hospital, Hernandez alleged the following departures from the applicable standard of care:

• failing to properly train and supervise [Bueno];
• retaining [Bueno] as an employee;
• ■ failing to monitor [Bueno];
• failing'to implement proper procedures to prevent the types of acts committed by [Bueno];
• failing to' implement procedures regarding the proper actions to be taken when improper conduct is reported to other staff members;
• failing to implement procedures and train employees with regard to charting medical information in patient files;
• failing to implement procedures regarding how to properly assist a patient in changing their garments;
• failing to train employees regarding ■ • the proper way to administer-medication;
• failing to train employees to address patients by their proper name;
• failing to provide an environment in , which patients can maintain their autonomy;
• failing to prevent [Bueno] from having contact with additional patients pending the investigation of the , claims made against him.

Hernandez initially served the Hospital with an expert report provided by Shelley A. Botello, a registered nurse. Hernandez, 2015 .WL 704721, at *1, In the prior appeal, we held the report sufficiently implicated the Hospital’s conduct, noting:

Apart from Bueno’s actions and the concerns regarding his training, supervision, and retention, the report implicates the 'Hospital’s conduct in training its staff in general and implementing procedures to ensure a patient’s safety. For example, the report states that a staff member observed Hernandez in the examination room with her breast exposed. The report then states, “Standard of care would indicate that all staff is responsible to recognize, intervene, and [822]*822then report any inappropriate behaviors or medical practice observed in violation of patient’s rights.” In addition, the report states that Hernandez reported Bueno’s inappropriate action to another female nurse before leaving the hospital.
The report then states:
Standard of care in the acute medical setting, upon complaint to fellow staff members, is to address the complaint at the time of presentation. Practice is to notify up the chain of command to assess if further immediate action is indicated for patient safety. There is no documentation of Mrs. Hernandez’ outcry to staff nurse or follow up ¡ for resolution'of situation.
Finally, the report states that the Hospital breached these standards of care by failing to take the appropriate actions to protect the patient population and by failing “to provide a safe environment in which its patients could seek medical care without the fear of predator behaviors from its staff once they had been made aware of a violation of patient safety.” " Having reviewed the report, we conclude the report implicates the Hospital’s conduct, Botello is an individual with expertise in the emergency room setting, and Botello opines in the report that Hernandez’s claim has merit.

Id: at *3-4. Although we held the report was sufficient in describing the applicable standards of care and the manner in which they were breached by the Hospital, we also held Botello was not qualified to opine on causation. Id, We further concluded Hernandez could cure the deficiency by obtaining a separate report on causation from a qualified expert, and because the trial court abused its discretion in denying Hernandez’s request for a thirty-day extension, we remanded the cause for further proceedings. Id,, at *4-5.

On remand, Hernandez served the Hospital with an expert report prepared by George A. Glass, M.D. See Tex. Civ. PRAC. & Rem. Code Ann. § 74.351(r)(6). The Hospital filed a motion to dismiss challenging the sufficiency of the report on the element of causation. Id. The trial court denied the Hospital’s motion, and the Hospital appeals.

EXPERT REPORT REQUIREMENT and Standard of Review

When presented with a motion to dismiss a healthcare liability claim, the trial court must determine whether the expert report “ ‘represents a good-faith effort to comply with the statutory definition of an expert report.’ ” Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex.2002) (quoting Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 878 (Tex.2001)). The statute defines an expert report as “a written report by an expert that provides a fair summary of the expert’s opinions as of the date of the report regarding the applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.” Tex. Civ.-Prac. & Rem. Code Ann. § 74.351(r)(6).

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Bluebook (online)
492 S.W.3d 819, 2016 WL 1690048, 2016 Tex. App. LEXIS 4338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christus-spohn-health-system-corp-v-hernandez-texapp-2016.