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July 26, 2021

Health Care Liability Act

Case: Donna Cooper, Et Al. v. Dr. Mason Wesley Mandy, Et Al.

Issue: Does the Health Care Liability Act apply to claims of intentional misrepresentation or medical battery?

Facts : Patient filed a lawsuit alleging that Provider intentionally misrepresented that the treating doctor was board certified and also committed medical battery. Provider moved to dismiss on the theory that the Health Care Liability Act applied and that Patient failed to comply with pre-suit notice requirements. The trial court denied the motion.

Intermediate Decision: The intermediate court upheld the denial of Provider’s motion to dismiss. The court held that the Health Care Liability Act did not apply to the intentional misrepresentation claim “because the alleged misrepresentations were inducements made prior to the existence of a patient-physician relationship.” The court also held the Act did not apply to the  medical battery claim “because a physician’s misrepresentation of a material fact, if proven, may vitiate consent, and, without consent, the very act of touching Mrs. Cooper may constitute an unlawful and offensive act that is not related to the provision of health care services.”

Review Granted: April 7, 2021.

Prediction: Ben thinks the Supreme Court will agree the Act does not apply to the intentional misrepresentation claim, but will reverse with respect to the medical battery claim, which ultimately is related to the provision of health care services regardless of consent.