HOUSTON – An injury suffered after falling off an exam table falls under a health care liability claim, and thus needs a timely expert report, says the 13th Court of Appeals.
Court records show Belen Torres filed suit against DHR Health Imaging Center at Medpoint, alleging the health care provider was liable for her personal injuries.
According to the 13th Court’s May 21 opinion, on Feb. 14, 2022, Torres went to a DHR imaging facility for bilateral knee x-rays. Following the imaging, Torres was being assisted off the radiology exam table by a radiology technologist when she fell to the ground.
Torres filed her original petition on May 28, 2023. In December of that year, she filed her expert reports, which is a requirement under Chapter 74 of the Texas Civil Practice and Remedies Code.
On January 2, 2024, DHR filed a motion to dismiss for failure to timely file an expert report, arguing that Torres’s claims are health care liability claims, and thus the Texas Medical Liability Act required her to serve an expert report no later than the 120th day after its original answer was filed.
Torres served her expert reports on the 123rd day, court records show.
In her response to DHR’s motion to dismiss, she argued that her claims are not HCLCs because at the time of the fall she was not under the care and treatment of DHR, and was done with the procedure and already been told she could leave.
Additionally, Torres argued that the expert reports were timely because of a “mutual agreement,” the opinion states.
The trial court denied DHR’s motion and the appeal followed.
“Because we hold that Torres’s claims are HCLCs and Torres failed to timely serve an expert report, the trial court abused its discretion when it denied DHR’s motion to dismiss,” the opinion states.
“We reverse and remand the case to the trial court with directions to dismiss with prejudice the claims filed by Torres and to award DHR reasonable attorney’s fees and costs of court.”
Appeals case No. 13-24-00354-CV
