Hospital defends lawsuit with 'absurd' medical malpractice defense.
According to a seasoned attorney who has examined public records, St. David's North Austin Medical Center is employing a questionable legal defense to combat a $1 million lawsuit brought by a family injured in an accident at their facility. The Bernard family sued the hospital for gross negligence for lacking safety barriers at the time of the incident, which resulted in severe injuries to them. While the hospital does not clarify why bollards were missing outside its ER in court filings, it asserts that since one of the family members was a patient that day, their injuries should be categorized as healthcare-related claims. This move has been criticized as an abuse of the law by legal experts, who point out that safety features like bollards are not directly tied to health care. St. David's attorneys argue that only the patient's claim should fall under medical liability, potentially limiting the hospital's financial responsibility for her suffering. This legal tactic has raised concerns about patient rights and legal fairness in Texas, with critics calling it a misapplication of the law. St. David's HealthCare has declined to comment on the ongoing litigation.
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