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TX High Court Says Med-Mal Tort Reform Provision Covers Slip and Fall
The Supreme Court of Texas has ruled that a hospital's negligent act or omission regarding patient-care equipment that causes a patient injury constitutes a lapse in the provision of health care; thus, a claim brought for such negligence is one charging health care liability, and it is subject to the State's expert affidavit requirement and to its medical malpractice damage caps. Marks v. St. Luke's Episcopal Hosp., — S.W.3d —-, 2010 WL 3373407 (Tex., 8/27/10).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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