(DOWNLOAD) "Leonard v. Glenn" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: Leonard v. Glenn
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 20, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an accelerated appeal, in a medical malpractice dispute, from the trial courts denial of motions to dismiss, under section 101.106(f) and chapter 74 of the Texas Civil Practice and Remedies Code. Plaintiff Andre Glenn sued Defendants Dr. April Hain and Physician Assistant Terry A. Leonard who were employed by Bexar County Hospital District d/b/a University Health Systems (UHS). Glenn alleged that Dr. Hain and Leonard improperly prescribed Indomethacin, a prescription drug known to cause renal failure, despite Glenns impaired renal function. Because Glenns expert is qualified to testify regarding the prescribing of Indomethacin to a patient with a history of renal disease, we cannot say the trial court abused its discretion in denying Dr. Hains and Leonards motions to dismiss pursuant to section 74.351. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (Vernon 2005) (stating the requirements for an expert report in a health care liability claim). Because the written prescription did not constitute a use of tangible property, sovereign immunity was not waived, and the case could not have been brought against UHS. The trial court, therefore, did not err in denying Dr. Hains and Leonards motions to dismiss pursuant to section 101.106(f). See id.§ 101.106(f). We, therefore, affirm the trial courts order denying the motions to dismiss pursuant to section 74.351 and the trial courts denial of the motion to dismiss pursuant to section 101.106(f). See id. §§ 74.351, 101.106(f).
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