Texas Bill Would Modify ‘Claimant’ Definition in Medical Liability Cases

Texas Rep. Chris Turner, House District 101- Grand Prairie, has filed a measure that would clarify the definition of “claimant” in respect to a healthcare liability claim.

HB 956 was crafted in response to a decision by the Texas Supreme Court in the Texas West Oak case, which held that an on-the-job injury claim brought by a hospital worker was required to have an expert report like those required in a traditional medical malpractice case, according to Turner’s announcement.

As a result of this decision, cases stemming from sexual assault, racial discrimination, or basic slip and falls, are considered a “Health Care Liability Claim” under the Texas Medical Liability Act, simply because they occur in a healthcare environment.

HB 956 would restrict the definition of a healthcare liability claimant to patients. It clarifies that the definition of a healthcare liability claim “does not include claims arising from an injury to or death of a person who is not a patient, including employment and premises liability claims.”

Currently, “if a person is assaulted or injured in a healthcare setting and seeks legal relief, they are subject to the liability limits and other provisions laid out in the Texas Medical Liability Act,” Turner said in his announcement.

He said it was not the intent of the medical liability limits laws to include claims that are not directly related to healthcare practices or healthcare administrative services.

“By making the definition apply solely to patients, we’ll ensure that a case filed by nurse who is sexually assaulted on the job or an electrician hit by a falling beam isn’t treated as medical malpractice,” Turner said.

If passed by a two-thirds majority in both the House and Senate, HB 956 would be effective immediately. If passed without that two-thirds majority, it would be effective Sept. 1.