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Source and Scope of Public Health Legal Powers

Texas Health Huguley, Inc. v. Jones


Texas Health Huguley, Inc. v. Jones (Tx. Ct. App. Nov. 18, 2021): The Texas Court of Appeals overturned a trial court decision ordering a hospital to grant temporary hospital privileges to a physician who would prescribe and administer ivermectin, a drug typically used to eliminate parasitic worms (and not FDA approved for COVID-19), to treat plaintiff Jones’s husband for COVID-19. The appeals court held that a hospital cannot be forced to treat a patient in its care with ivermectin, explaining it would be improper for the court to intercede: “[a]lthough we may empathize with a wife’s desire to try anything and everything to save her husband, we are bound by the law, and the law in this case does not allow judicial intervention. Just as we cannot legislate from the bench, we cannot practice medicine from the bench.” Read the full decision here.

View all cases in the Judicial Trends in Public Health – December 14, 2021.

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