Walter M. Clark v. Tirr Rehab. Ctr., 2007 Tex. App. LEXIS 2024 (Tex. App. 2007)

Walter M. Clark v. Tirr Rehabilitation Center

Plaintiffs sued alleging that resident, who had osteoporosis, was negligently dropped by a physical therapist. The trial court dismissed the suit for failure to file an expert witness report. Plaintiffs argued an expert report was not necessary because the claim was for ordinary negligence. Although the injury occurred at the rehabilitation center by its licensed physical therapist, Plaintiffs argued that it was not health care negligence because the injury could have happened anywhere and a lay person could have caused the injury.

The court disagreed, distinguishing a case where lack of supervision was not professional malpractice, because the proper method for supervising physical therapy for a frail, elderly woman is not within the common knowledge of the general public. Also, Plaintiff was seeking damages against the rehabilitation center relating to the resident’s death, which required a medical expert. The trial court’s decision to dismiss the case was sustained. Decided: March 15, 2007