14th COA--UTMB v. Malveaux; Tort Claims Act

The Fourteenth COA heard UTMB's accelerated appeal of the trial court's denial of their plea to jurisdiction. (UTMB had several other points on appeal as well.) This case stemmed from Ms. Malveauz's surgical treatment for breast cancer. UTMB claimed that because Ms. Malveaux's true claims were for lack of informed consent and medical negligence. Plaintiff argued that her claims were for misuse of tangible property, i.e. the physicians had miused equipment in performing her surgery. The trial court sustained all of UTMB's claims.

COA Opinion