Psychiatric Solutions, Inc. and Mission Vista Behavioral Health Services, Inc. D/B/A Mission Vista Behavioral Health Center v. Kenneth Palit

Summary

The Supreme Court of Texas held that a psychiatric nurse’s negligence claim against his mental-health-care-provider employer was a health care liability claim under the Texas Medical Liability Act. Because the employee failed to serve an expert report within the statutory 120-day deadline, the Court reversed the court of appeals and remanded for dismissal and consideration of attorney’s fees and costs.

Holdings

1. Palit's claim that Mission Vista departed from accepted standards of safety and health care by providing improper security for a psychiatric patient and inadequate safety for Palit was a health care liability claim.
2. Because Palit asserted a health care liability claim and failed to serve an expert report within 120 days after filing suit, Mission Vista was entitled to dismissal of the claim and reasonable attorney's fees and costs.

Questions Presented

1. Whether a psychiatric nurse's negligence claim against his health care provider employer, alleging improper security of a psychiatric patient and inadequate workplace safety, is a health care liability claim under the Texas Medical Liability Act.
2. Whether Palit's failure to serve an expert report within 120 days required dismissal under Texas Civil Practice and Remedies Code section 74.351.

Disposition

reversed_and_remanded