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Court Split: Are Hospitals Liable for Acts Performed on the Dead?

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Court Split: Are Hospitals Liable For Acts Performed on the Dead? | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/08/19/court-split-are-hospitals-liable-for-acts-performed-on-the-dead/

Medical Malpractice Claim Medical Malpractice Claim Credit: Vitalii Vodolazskyi/Adobe Stock

The parents argue the “directly related health care” element is not satisfied because Aiden’s autopsy was unrelated to the health care provided.

August 19, 2024 at 02:59 PM

4 minute read

Adolfo Pesquera

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What You Need to Know

  • A divided El Paso Court of Appeals ruled a hospital has liability protection from parents whose infant underwent an invasive autopsy against their wishes.
  • The ruling overturned a trial court order in favor of the parents.
  • The dissent said the majority relied on case law that considered medical malpractice as a cause, but here there was no such claim.

A divided appellate court panel in El Paso held that a hospital has liability protection from the parents of an infant that underwent an invasive autopsy against their wishes.

A dissenting opinion claims there persists a split between Texas courts of appeals about whether the Texas Medical Liability Act shields the medical professions from claims involving autopsies where the death had nothing to do with medical malpractice causing the death.

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