Pt.’s survivors sue hospital for substandard air filtering system, etc
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CASE ON POINT: Jones v. Christus Health Ark-La-Tex, 2004 WL 1660387 S.W.3d -TX. ISSUE: In this unusual Texas case, the family of a deceased patient sued a hospital for allegedly negligent treatment of the decedent during her hospital stay of approximately two months. Suit was brought on the grounds that the hospital’s air filtering system, without limitation thereto, contributed to the death of the patient. When a trial court ruled that plaintiffs failed to comply with the requirement to file a medical expert report as required under the state law in medical negligence cases, the plaintiffs amended or recast their claim as a ‘premises liability’ claim. Whether a cause of action is a health care liability claim presents a question of law to be reviewed de novo on appeal. Claims that physicians or health care providers were negligent may not be merely recast… Source : accessmylibrary.com |