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Rehabilitative Care Sys. of America v. Davis

Supreme Court of Texas
May 30, 2002
73 S.W.3d 233 (Tex. 2002)

Summary

holding expert testimony is not needed when underlying negligence involves standard of non-medical, administrative, ministerial, or routine care at a hospital

Summary of this case from Polmounter v. Keystone Food

Opinion

No. 01-0416

Opinion Delivered: March 28, 2002. Rehearing Overruled May 30, 2002

On Petition for Review from the Court of Appeals for the Sixth District of Texas

David Vandiver Wilson, Troy Allen Williams, Hays McConn Rice Pickering, Houston, Michael Tracy Crawford, Ramey Flock, A.P.C., Tyler, for Petitioner.

Clay Wilder, Wilder Wilder, Henderson, Andy Tindel, Provost Umphrey, LLP, Tyler, for Respondent.


In this case, a physical-therapy patient alleged that his therapists' negligent supervision during a rehabilitative-exercise program caused him injury. Based on the jury's verdict, the trial court rendered judgment against the rehabilitation center. The court of appeals acknowledged that physical-therapist malpractice suits are no different from any other medical-malpractice suit in that the applicable standard of care must generally be established through expert testimony. 43 S.W.3d 649, 657. Although the relevant standard of care was established in this case through expert testimony, the court stated that the jury could determine "without the aid of expert testimony" and "from its own experience" the relevant standard of care governing the patient's negligent-supervision claim. Id. at 657-58. We disapprove of the court of appeals' statement that expert testimony was not required to establish the appropriate standard of care in this case, and deny the petition for review.


Summaries of

Rehabilitative Care Sys. of America v. Davis

Supreme Court of Texas
May 30, 2002
73 S.W.3d 233 (Tex. 2002)

holding expert testimony is not needed when underlying negligence involves standard of non-medical, administrative, ministerial, or routine care at a hospital

Summary of this case from Polmounter v. Keystone Food

admonishing that "physical-therapist malpractice suits are no different from any other medical-malpractice suit in that the applicable standard of care must generally be established through expert testimony"

Summary of this case from Carl J. Battaglia, M.D., P.A. v. Alexander

stating a suit against physical therapist is "no different from any other medical-malpractice suit in that the applicable standard of care must generally be established by expert testimony."

Summary of this case from Aquatic Care Programs, Inc. v. Cooper

disapproving court of appeals' statement that expert testimony is not needed to establish appropriate standard of care when physical therapy patient alleges that his therapists' negligent supervision during a rehabilitative exercise program caused him injury

Summary of this case from Torres v. Memorial Hermann Hospital System
Case details for

Rehabilitative Care Sys. of America v. Davis

Case Details

Full title:Rehabilitative Care Systems of America, Petitioner v. Robert Jerry Davis…

Court:Supreme Court of Texas

Date published: May 30, 2002

Citations

73 S.W.3d 233 (Tex. 2002)

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