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 private medical school who works in a public hospital is a state employee for purposes of Tex. Civ. Prac. & Rem. Code § 51.014(a)(5) and therefore may file an interlocutory appeal of a denied summary‑judgment motion asserting immunity. The Court also affirmed the dismissal of Baylor College of Medicine’s interlocutory appeal because Baylor is not a governmental unit under § 51.014(a)(8) and the non‑suit mooted any live controversy. Justice Willett filed a concurring opinion emphasizing that the statutory text alone governs and legislative history should not be consulted.