PREMISES LIABILITY CLAIMS THAT ARE NOW MEDICAL CLAIMS

Recent developments have greatly expanded the scope of the Health Care Liability Act to include claims that have been considered as premises liability claims in the past.

            Claims by employees of a hospital who was not a subscriber (did not carry workers compensation insurance) are Healthcare Liability Claims. 
Tex. W. Oaks Hosp., LP v. Williams, Texas Supreme court, 2011), although the employee was not a patient at the hospital. The Texas Medical Care Liability Act requires that the plaintiff fie a supporting medical report supporting the claim and such a report was not filed, therefore the plaintiff takes nothing. 

          A patient gets bitten by a spider in the hospital, now a HCLC.Omaha Healthcare Center, LLC v. Johnson, Texas Supreme Court, 2011. 

          Slip and fall claims in a hospital, now a HCLC claim. Harris Methodist Fort Worth v Olie, Texas Supreme Court, 2011.
          For a more complete discussion of reports in HCLC claims and the contents of these reports is found in onecle,  TEX.CIV. PRAC.AND REM.CODE § 74.351 The claims included in the scope of the HCLC are broader than just hospitals and include any claims under the health care liability act. The HCLA also caps the damages that can be recovered.