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

Summary

The Texas Supreme Court held that a hospital bed claim arising from a patient’s fall is a health care liability claim under article 4590i and affirmed the trial court’s dismissal for failure to file a timely expert report; the Court also affirmed the appellate court’s judgment. Justice Jefferson’s concurring/dissenting opinion and other separate opinions contested the scope of the “safety” prong.