A Switch in Time Saved...A Hospital - Page 2
The first time at the Supreme Court, Medina reasoned for a split court that, because no question of medical judgment was involved in the failure of the bed's footboard, the jury had no need of an physician expert to assure that professional negligence caused Marks' injury. Now, a year later, Justice Medina has changed his mind and written for the majority, "Medical equipment specific to a particular patient's care or treatment is an integral and inseparable part of the health care services provided. When the unsafe or defective condition of that equipment injures the patient, the gravamen of the resulting cause of action is a health care liability claim." A bed footboard is "medical equipment" and the jury needs a physician to tell them someone should have kept it in good repair? The result is the hospital will not compensate Marks because he hadn't filed an affidavit by the deadline.
Well, it all makes sense now. You see, in 2005, in Diversicare General Partner Inc. v. Rubio, Justice Medina voted with the majority in kicking Ms. Rubio out of court on a similar technicality. She had been sexually assaulted by another patient and the court likewise ruled that the lawsuit had to be handled as a health care claim! Folks in Texas, beware when you go to the hospital. Watch out for collapsing beds and sexual predators. If you happen to run into either, make sure you hire a lawyer with a crystal ball.