Coming Attractions Bridal and Formal, Inc. v. Texas Health Resources
Coming Attractions Bridal and Formal, Inc. v. Texas Health Resources (Supreme Court of Texas, Feb. 21, 2019): The Texas Supreme Court affirmed the dismissal of a case by a bridal shop that went out of business after it was visited by a nurse who contracted Ebola. The nurse went to the Ohio shop after caring for an Ebola patient at a Texas hospital. She was later diagnosed with Ebola. The shop temporarily closed to prevent the virus’ spread, but its business never recovered, and it later permanently closed. It sued the owners of the hospital alleging the hospital negligently failed to prevent the spread of Ebola in its control and management of its employees. The Texas Medical Liability Act (TMLA) requires a “claimant” alleging a “health care liability claim” to submit an expert report detailing the support and factual basis for the claim. The court concluded the TMLA’s definition of “claimant” includes corporations regardless of the type of injury alleged (economic or physical). The shop’s allegations that the hospital was negligent in controlling the spread of the virus also implicated health care related safety standards. As such, the claims constituted health care liability claims under the TMLA. Because the shop did not submit the required report, the case was dismissed. Read the decision here.
View all cases in the Judicial Trends in Public Health – March 17, 2020.