The Texas Supreme Court In Certified EMS Inc. v. Pott Held That An Expert Report Regarding The Health Care Provider Was Sufficient As To The Employer

The Texas Supreme Court has held that a properly drafted expert report, as required by the Texas Medical Liability Act, asserting the liability of a nurse was sufficient to support the liability of the nurses’ employer.

The Plaintiff, Cherie Potts, was admitted to Christus St. Catherine’s Hospital where she alleged that she was sexually assaulted by nurse Les Hardin. Nurse Les Hardin worked for a staffing service, Certified EMS. Potts submitted expert reports as required by Texas Civil Practice and Remedies Code 74.351 addressing the breaches of the applicable standards. The reports did not directly address the vicarious liability of Certified EMS for its’ employee, Les Hardin.

The Texas Supreme Court held that the expert report addressing the liability of the nurse was sufficient to support the vicarious liability of the employer even though not specifically mentioned.

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