Geffrey Klein, M.d. and Baylor College of Medicine, Petitioners v. Cynthia Hernandez, as the Parent and Next Friend…

Summary

The Texas Supreme Court held that a resident physician at a supported medical school is a state employee for purposes of Tex. Civ. Prac. & Rem. Code § 51.014(a)(5) and therefore may pursue an interlocutory appeal, reversing the Court of Appeals on that issue and remanding for merits review, while affirming the dismissal of Baylor College of Medicine's interlocutory appeal as moot. Justice Willett filed a concurring opinion emphasizing that the decision must rest solely on the clear statutory text.