In the continuing discussion of who is entitled to be protected by the Texas Medical Liability Statute comes the recent decision by the San Antonio Court of Appeals in SAN ANTO. v. VASQUEZ, 04-09-00546-CV (Tex.App.-San Antonio 5-26-2010). The decision confirms the common sense notion that a party must prove that it is a Health Care Provider under the statute in order to claim its protections. In Vasquez, the defendant was a licensed provider of home oxygen, supplied pursuant to a physician's prescription. Upon providing evidence that it was a healthcare provider, the patient had to provide an adequate expert report meeting the statutory requirements.
This decision shows why it is important to retain a board certified trial attorney who is experienced in Texas medical malpractice cases to handle such cases.