By Tom Leatherbury and Brenda Strama
The Texas Supreme Court has announced the briefing schedule for the case Garland Community Hospital v. Rose, in which V&E will be filing an amicus curiae brief on behalf of a number of Texas health care providers. Garland Community Hospital's brief on the merits is due to the Supreme Court on April 7, and Rose's brief is due on April 28. V&E's amicus brief will be filed on about May 13. The case is important to Texas health care providers because the trial court, and the court of appeals, held that the plaintiff's negligent credentialing claim was not subject to the damages cap and other limitations on medical liability claims set forth by the Texas Medical Liability and Insurance Improvement Act, Tex. Rev. Civ. Stat. art. 4590I ("Article 4590i"). Specifically, the lower courts held 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. Given the importance of this case to all hospitals, health care facilities, and large physician clinics that are vulnerable to claims of negligent credentialing, V&E is filing an amicus brief in support of Garland Community Hospital and on behalf of a number of Texas health care entities. A detailed discussion of the case can be found at http://www.velaw.com/publications/healthcare/miscellaneous/rosevgarland.pdf.
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