10th COA--College Station Medical Center v. Todd; expert reports in a vicarious liability claim

Todd sued College Station Medical Center for injuries sustained in fall while she was a patient at the hospital.  Within the 120-day deadline, she filed the report of Nurse Foster.  CSMC filed objections.  After the 120-day deadline, Todd served two other reports.  At the hearing on CSMC's objections, the Court granted the objections as to direct liability claims against CSMC, but denied them as to vicarious liability claims.

Todd then amended her petition, deleting the direct liability claims, but adding a premises liability claim.  CSMC filed another motion to dismiss, alleging that no expert report had been filed.  At the hearing, the Court again granted the objections as to direct liability claims against CSMC, but denied them as to vicarious liability and premises liability claims.  CSMC appealed this decision.

CSMC argues that because the only timely-filed expert report was that of nurse who is disqualified from offering opinions on causation, dismissal was required.  The Court agreed that the nurse could not address causation.  Her report, standing along, did not constitute an expert report.  Because there was no report as to the direct liability of CSMC, there was no report as to the vicarious liability.

Plaintiff then argued that she did not need a physician-authored report on causation because the causation in this case could be commonly understood by laypeople.  The Court rejected this theory.  The statutory obligation to file a timely expert report remains even if causation is commonly understood. 

The COA then looked at whether the trial court should have dismissed the premises liability claims.  CSMC argued that these claims were an attempt to recast the health care liability claims.  The Court agreed and held that the premises liability allegations were based on a claimed departure of standards of care related to health care, safety, and professional and administrative services directly related to health care.  The Court pointed out that the duty owed by a health care staff is distinct from the duty of ordinary care owed by premises owners to their residents and invitees.

See the opinion at CSMC v. Todd.