Finding No Health Care Liability Claim, Split Texas Court Vacates Dismissal

Mealey's (May 6, 2021, 1:36 PM EDT) -- DALLAS — A negligence action arising from the death of an assisted living facility resident who was injured in a fall while a facility employee pushed her along a public sidewalk sounds in premises liability and does not constitute a health care liability claim (HCLC) under the Texas Medical Liability Act (TMLA), the Fifth District Texas Court of Appeals ruled May 3 in a split en banc decision, vacating the trial court’s judgment dismissing the claims pursuant to the TMLA and remanding for further proceedings....