Diversicare General Partner, Inc. v. Rubio

Summary

The Supreme Court of Texas held that claims by a nursing-home resident alleging inadequate supervision and nursing services that allowed a sexual assault by another resident were health care liability claims under the Medical Liability Insurance Improvement Act. Because the Act's two-year limitations period applied and was not tolled by the resident's mental incapacity, the claims were time-barred. The court reversed the court of appeals and upheld summary judgment for the nursing-home defendants.

Holdings

1. Claims against a nursing home alleging inadequate supervision, monitoring, staffing, nursing services, training, and protection of a resident from assault by another resident constitute health care liability claims when the alleged conduct is inseparable from the provision of professional health care and safety services.
2. The MLIIA's two-year statute of limitations applies to the assault-related claims and is not tolled by Rubio's mental incapacity because the statute applies to all persons regardless of legal disability, subject only to specified statutory exceptions.
3. Because the assault-related claims were barred by the MLIIA's two-year limitations period, summary judgment for Diversicare was proper.

Questions Presented

1. Whether Rubio's claims that a nursing home failed to supervise, monitor, staff, and protect her from sexual assault by another resident were health care liability claims under the MLIIA.
2. Whether the MLIIA's two-year statute of limitations applied to those claims and was unaffected by Rubio's mental incapacity.
3. Whether summary judgment for Diversicare was proper because the assault-related claims were filed outside the MLIIA limitations period.

Disposition

reversed