Texas loses way to sue hospitals; the state high court says malice is necessary in credentialing suits
Article Abstract:
A 1997 Texas Supreme Court decision held that plaintiffs must prove malice in order to sue hospitals for negligent credentialing of doctors. A drafting omission in the language of the state's Medical Practice Act essentially protects hospitals from negligent credentialing liability, a completely unintended result. Over half of the states have enacted similar tort laws. The issue arose in conjunction with a malpractice suit against a doctor employed by St. Luke's Hospital in Houston.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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ER docs' mistakes can pain hospitals; a Texas appeals court says disclaimers and waivers can't shield against liability
Article Abstract:
The Texas Court of Appeals has ruled in Sampson v. Baptist Memorial Hospital System that a Texas hospital can be liable for the actions of independent emergency room physicians. Texas hospitals have long been liable for such actions under the theory of "ostensible agency," but could defeat such liability by giving notice to patients that physicians were not agents or employees. The Texas Hospital Assn is concerned about the possible extension of liability the decision represents.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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5th oks rare death row inmate retrial; federal appeals court finds violations in police and prosecutorial misconduct
Article Abstract:
The US Court of Appeals for the 5th Circuit ruled in the habeas corpus action of Guerra v. Johnson that a death row inmate deserved a new trial because misconduct by police and prosecutors had denied him due process. The ruling was surprising because the 5th Circuit has the reputation of denying most habeas corpus claims. Guerra was on trial for having shot a policeman but it was later determined that eyewitnesses were intimidated into altering their testimony.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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