Dexter Buchanan Fernil and Delena Fernil v. Bluebird Medical Enterprises, LLC D/B/A Allegiance Mobile Health and Nicole Marina Mirza.
Opinion
Affirmed and Opinion and Dissenting Opinion filed September 19, 2024
In The
Fourteenth Court of Appeals
NO. 14-23-00910-CV
DEXTER BUCHANAN FERNIL AND DELENA FERNIL, Appellants V.
BLUEBIRD MEDICAL ENTERPRISES, LLC D/B/A ALLEGIANCE MOBILE HEALTH AND NICOLE MARINA MIRZA, Appellees
On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 105367-CV
DISSENTING OPINION
The Texas Health Care Liability Act was originally enacted by the Legislature to protect physicians from questionable medical malpractice lawsuits. Today’s majority opinion expands this protection to ambulance drivers who negligently violate rules of the road. A medical opinion is not required to either establish the rules of the road or common negligence. To the extent that the majority extends the HCLA to the facts of this case, I respectfully dissent.
/s/ Jerry Zimmerer Justice
Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson. (Zimmerer, J., dissenting).
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Dexter Buchanan Fernil and Delena Fernil v. Bluebird Medical Enterprises, LLC D/B/A Allegiance Mobile Health and Nicole Marina Mirza. (Dexter Buchanan Fernil and Delena Fernil v. Bluebird Medical Enterprises, LLC D/B/A Allegiance Mobile Health and Nicole Marina Mirza.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.