Texas Hospital Gets New Trial on Cause of Patient’s Injury

A Harris County, Texas, medical facility got a second chance to prove that it’s not liable for a medication error that led to a patient’s significant brain damage following hip surgery.

On remand, a trial judge may not allow the patient’s husband to introduce the Centers for Medicare and Medicaid Service’s Conditions of Participation as proof of the applicable standard of care at issue in the case, the Texas Court of Appeal, Second District, said Thursday.

The federal regulatory standards for participating in Medicare and Medicaid don’t impose any common-law duties on hospitals, and the danger that they would prejudice ...