Irving W. Marks, Petitioner v. St. Luke’s Episcopal Hospital, Respondent

Summary

The Texas Supreme Court held that the plaintiff's claim arising from a defective hospital bed is a health‑care liability claim under former article 4590i and therefore subject to the Act’s expert‑report filing requirements; the trial court’s dismissal for failure to file a timely expert report was affirmed. The Court also rejected the plaintiff’s request for a grace period, finding no evidence of mistake or accident. Several justices filed concurring and dissenting opinions challenging the scope of the “safety” prong and the classification of the bed claim.