Slip-and-Fall Claim Against Texas Hospital Not Subject to Expert Report Requirement

Resolving a dispute that has divided its appeals court, the Texas Supreme Court May 1 said a slip-and-fall claim against a hospital isn’t a health-care liability claim requiring the presuit service of an expert witness report unless the safety standards allegedly breached implicate the hospital’s duties as a health-care provider, including its duty to provide for patient safety (Ross v. St. Luke’s Episcopal Hosp., 2015 BL 126983, Tex., 13-0439, 5/1/15).

The state high court said the “line between a safety standards based claim” that isn’t a health-care liability claim (HCLC) and one that is an HCLC “may ...