Sabena Talati contributed an article on key legal rulings affecting health care as part of Texas Lawyer’s annual review of various legal and business sectors. Ms. Talati cited two of the year’s decisions as likely to be most significant for health care providers:
- In Ross v. St. Luke’s Episcopal Hospital the Texas Supreme Court clarified the definition of a health care liability claim, finding that an injury occurring on the property of a health care provider does not qualify as a HCLC under Chapter 74 of the state’s Civil Code unless the injury is “substantively related” to patient care. She notes the Court provided “a non-exclusive list of considerations” to provide future guidance.
- The second case cited by Ms. Talati is The Fredericksburg Care Company v. Perez, in which the Supreme Court held that although the pre-admission arbitration agreement in question did not comply with Texas law, the state’s statute was preempted by the Federal Arbitration Act, and arbitration could still be compelled. The password-protected article can be found here.
Attorney: Sabena S. Talati