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Clerical Worker’s Breast Cancer Claim Against Hospital Proceeds

Feb. 28, 2020, 3:05 PM

A clerical worker who developed an aggressive form of breast cancer after working in an office adjacent to a “radiation-emitting device” at a Houston hospital didn’t need to file an expert report before proceeding on her claims against the facility, a Texas appeals court said.

Nina McNew’s complaint didn’t allege a health-care liability claim governed the Texas Medical Liability Act’s procedural rules, the Texas Court of Appeals, 14th District said Thursday. The court affirmed a lower court’s denial of Harris County Hospital District’s motion to dismiss the suit for failure to comply with the TMLA’s notice requirement.

McNew worked for ...

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