In a special Texas issue of Health Headlines published on January 14, 2003, Vinson & Elkins called for amici curiae in a case holding that a negligent credentialing claim is not subject to the caps on damages for health care liability claims provided by the Texas Medical Liability and Insurance Improvement Act, Tex. Rev. Civ. Stat. art. 4590i ("Article 4590i"). The Dallas Court of Appeals ruled in Rose v. Garland Community Hospital that the plaintiff's injury was not covered by Article 4590I because her injury was caused by the hospital's negligent credentialing conduct which occurred before she received medical treatment and therefore was not a health care liability claim. On behalf of a consortium of clients, V&E is filing a brief with the Texas Supreme Court in support of the Garland Community Hospital which is appealing the Dallas Court's decision. The outcome of this case is important to all hospitals, health care facilities, and large physician clinics that are vulnerable to claims of negligent credentialing. Thus far, V&E amici curiae clients include St. Luke's Episcopal Hospital, Texas Children's Hospital, the Texas Hospital Association, and Baylor College of Medicine, who have joined together in support of the Hospital's position that Article 4590i damages caps and other limitations for medical malpractice claims should apply in this case. We also can assist concerned clients in preparing materials for their lobbyists or for industry lobbyists to present to the Legislature on this issue. A detailed discussion of the case can be found at
http://www.velaw.com/publications/healthcare/miscellaneous/rosevgarland.pdf.
This material is not intended to create, and does not create, an attorney-client relationship between you and Vinson & Elkins L.L.P., and you should not act or rely on any of this information. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. These materials do not constitute legal advice, do not necessarily reflect the opinions of Vinson & Elkins L.L.P. or any of its attorneys or clients, and are not guaranteed to be correct, complete, or up-to-date.
Vinson & Elkins L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Unless otherwise indicated, V&E attorneys listed are: not Certified by the Texas Board of Legal Specialization. None of the attorneys listed on this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in New York.Vinson & Elkins is a registered limited liability partnership. Principal office-Houston.