NCED Mental Health, Inc. v. Kidd, 214 S.W.3d 28 (Tex. App. 2006)

Resident was sexually assaulted in a mental health facility. Plaintiff brought an action alleging negligent hiring, gross negligence, sexual assault, sexual exploitation, and premises liability. No expert report was filed. Defendants argued the claims sounded in malpractice and moved to dismiss based on failure to file an expert report. Because the duty to protect the resident was premised on her vulnerability as a resident in the facility and the facility’s duty to protect her, the court concluded that the claim was a health care liability claim and reversed the trial court’s denial of the motion to dismiss. Decided July 27, 2006.

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