HOUSTON – A woman who sued the city of Houston after failing off an EMT gurney recently had her lawsuit axed, as a Texas appellate court found she failed to provide an expert report – a requirement when filing a med-mal.
Two years ago, Shirley Houston filed suit against the city of Houston alleging negligence.
A year earlier, Shirley was at home when started to have difficulty breathing. She pressed her life alert button and two Houston Fire Department EMTs arrived.
The EMTs loaded Shirley onto a motorized gurney. While transporting her to the ambulance, the gurney gave way, causing Shirley to be dropped to the ground, where she laid in pain for more than 20 minutes before additional HFD personnel arrived.
Shirley had to undergo surgery because of her injuries.
After being sued, the city moved to dismiss Shirley’s negligence claim, asserting that it was a health care liability claim and Shirley failed to serve the statutorily required expert report.
In response, Shirley argued she had not brought a med-mal and the city was not a health care provider.
Court records show the trial court ruled against the city of Houston and an appeal soon ensued.
On Aug. 25, the First Court of Appeals reversed the ruling, finding that Shirley’s suit constitutes a health care liability claim and the trial court erred in denying the city’s motion to dismiss.
Houston attorney Ikaha Sparrow represents Shirley.
Appeals case No. 01-19-00255-CV