Close Menu
Newsletter
Litigation

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

News RoomBy 4 Mins Read
Court Split: Are Hospitals Liable for Acts Performed on the Dead?



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
















Page Printed From:

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

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

You Might Like

5 minute read

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

4 minute read

4 minute read

6 minute read

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now


September 18, 2024 – September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More


October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More


April 08, 2025 – April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

SALARY/STEP INCREASES 3% Annual Across the Board Salary Increases on February 2025/2026 (Salary Increases contingent upon assessed values fo…

Apply Now ›

Rawle & Henderson s Blue Bell, Pennsylvania office seeks an Attorney with at least five years of civil defense litigation experience to …

Apply Now ›

Company DescriptionCruser, Mitchell is a national law firm, seeking an associate for its Bergen County office. Our lawyers possess a unique …

Apply Now ›



Share.

Related Posts