TX: agency `temp' OR nurse injured in OR: workers' comp. no bar to suit v. hospital or Dr. (Legal Case Briefs for Nurses).
COURT'S OPINION: The Court of Appeals of Texas reversed the judgment of the lower court and remanded the case for further proceedings. The court held, inter alia, that the defendants failed to conclusively establish their status as "special employers," or as agents thereof. The court concluded that summary judgment was improper. The court noted that the nurse's election to receive workers' compensation benefits from her employer was her exclusive remedy against her employer and precluded her from bringing a law suit against her employer. However, as to Nurse Morris' relationship to the anesthesiologist, and as to the anesthesiologist's relationship with the hospital, there was no such impediment to suit. Editor's Note: It should be noted that in many, if not most, states employers are required to pay for their employees' workers' compensation insurance coverage. Morris v. Paso Del Norte Health Foundation, 2001 WL 828798 S.W.3d -TX
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for nearly 40 years, he concentrates in health care law with the Providence, R.I., firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers and Marquis Who's Who in American Law.
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|Author:||Tammelleo, A. David|
|Publication:||Nursing Law's Regan Report|
|Article Type:||Brief Article|
|Date:||Aug 1, 2001|
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