Texas Hospital Beats Patient’s Failure-to-Prevent Abuse Claim

A Texas patient can’t proceed on a medical negligence claim based on a facility’s alleged failure to prevent him from being sexually assaulted in his hospital bed, a state appeals court said.

The patient didn’t file a sufficient report summarizing an expert witness’s opinion on the standards of care, how the provider breached those standards, and the causal link between the breach and the plaintiff’s harm, as required by the Texas Medical Liability Act, the Texas Court of Appeals, 14th District, said Thursday. The report filed by John Doe didn’t adequately describe how Memorial Hermann Health System breached the standard ...