Bluebird Med. Enterprises, LLC v. Willis, 651 S.W.3d 486 (Tex. App.—Houston [14th Dist.] 2022, no pet.)

Bluebird Med. Enterprises, LLC v. Willis, 651 S.W.3d 486 (Tex. App.—Houston [14th Dist.] 2022, no pet.)

Assuming, without deciding, that a motor vehicle collision involving an ambulance presented a health care liability claim, the court of appeals found that the plaintiffs’ preliminary expert reports satisfied the health care liability act when a paramedic outlined how the standard of care and breach caused the crash while a forensic pathologist linked the breach to the deceased plaintiff’s injury and death. In so holding, the court of appeals rejected the ambulance company defendant’s argument that a physician was required opine on the cause of the collision, observing that under Chapter 74 a physician need only opine on the cause of the injury, harm, or damages claimed.

Dana Levy, Partner