Bob Sorokolit, M.d., Petitioner v. Janice S. Rhodes, Respondent

Summary

The Texas Supreme Court held that section 12.01(a) of the Medical Liability and Insurance Improvement Act, by its plain language, bars DTPA claims against physicians only when damages result or are alleged to result from negligence — a breach of the accepted standard of medical care. Because Rhodes' claims for knowing misrepresentation and breach of express warranty did not depend on any alleged departure from the standard of care, section 12.01(a) did not preclude them. The court affirmed the court of appeals' reversal of the trial court's dismissal. Justice Cornyn, joined by Justice Gonzalez, dissented, arguing that Rhodes' claims were recast medical negligence claims and that the majority's literal reading renders section 12.01(a) meaningless.