In Quiroz v. Llamas-Soforo, a Texas appellate court considered a medical malpractice action brought by a mother on behalf of her son against a doctor. The son was born prematurely at 24 weeks and had less than a 50% chance of survival. He suffered from severe problems, including respiratory distress…
Texas Injury Lawyers Blog
Does a Prior Property Owner Have Liability for a Dangerous Condition in Texas?
In Occidental Chemical Corporation v. Jenkins, the Texas Supreme Court considered a premises liability case in which the property’s dangerous condition was created by an previous owner. The case arose in 2006 when a man was injured while using a component to add acid to a large tank at a…
Negligent Entrustment in Texas Car Crashes
In Dao v. Garcia Ex. Rel. Salinas, a man borrowed the defendant’s car to pick up his friend at a restaurant. The defendant and the man were former roommates, friends, and business associates. On the day that the man borrowed the defendant’s car, she’d had dinner with the man and…
Holding a Texas City Accountable for a Car Accident
In Adams v. City of Dallas, the appellate court considered a car accident allegedly caused by a malfunctioning traffic light. The two people involved in the accident were Clinton Adams and Adeba Ghebrekidan. The latter sued the former and the City of Dallas. Adams counterclaimed against Ghebrekidan and cross-claimed against…
Slip and Fall on a Texas College Campus
In Texas State Technical College v. Washington, the plaintiff claimed that she slipped and fell in water on the Texas State Technical College campus after a water line broke the building’s ceiling and flooded the floor. The college is a governmental unit. She sued the college for personal injuries suffered…
Qualifications for an Expert in a Texas Medical Malpractice Case
In Mangin v. Wendt, the court considered a medical malpractice appeal. The trial court had ruled that the plaintiff’s medical expert reports that were filed in connection with the suit were sufficient, and the case could go forward. The doctors appealed. The decedent was admitted to the hospital with chest…
Limits of Vicarious Liability in Texas
In Painter v. Sandridge Energy, Inc., a Texas appellate court considered the death of two oil field employees and injuries to a third oil field employee. The workers were doing drilling on behalf of their employer, Amerimex. Amerimex was hired by Sandridge, which had a lease to drill wells at a…
Is a Medical Device Manufacturer a “Health Care Provider” in Texas?
In Verticor, Ltd. v. Wood, an appellate court considered whether personal injury lawsuits against a medical device manufacturer count as health care liability claims for the purposes of the Texas Medical Liability Act (TMLA). The case arose when a surgeon treated a herniated disc in the plaintiff’s lumbar spine by…
Suing a Surgeon for Medical Malpractice and Wrongful Death in Texas
In Pisharodi v. Saldana, a Texas appellate court considered a medical malpractice case arising out of a 54-year-old woman’s death. The lawsuit was brought by the woman’s surviving children against the woman’s neurosurgeon. The neurosurgeon had treated the pain suffered by the woman in her lower back. He prescribed physical…
Can You Sue a Surgeon for Fraud in Texas?
In Cook v. Neely, a woman sued a neurosurgeon for health care liability and fraud. The case arose when the plaintiff experienced pain in her hip, leg, and lower back. She sought care from the neurosurgeon, who performed surgery on her, removing her herniated disc and placing two medical devices…