The First Court of Appeals has ruled that a lawsuit alleging Houston Methodist handed over a newborn to adoptive parents against the birth mother’s wishes is a health care liability claim.
The lawsuit was brought by Shelby Cagle, who claims employees for Houston Methodist Clear Lake Hospital ignored her when she told them she changed her mind and wanted to keep her child.
Court records show that while Cagle was pregnant she made an adoption plan for her unborn child. She changed her mind, however, after her daughter was born, but the hospital still released the newborn to the intended adoptive parents.
Cagle further alleged that the hospital gave her baby to people who had no legal right to possession and denied that her cause of action was a health care liability claim, but still opted to serve an expert report written by a practicing family-law attorney.
Expert reports are required when filing a health care liability claim.
The hospital moved to dismiss Cagle’s claims under the Texas Medical Liability Act, and the trial court denied the motion, according to the First Court’s July 25 opinion.
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Author: Marty Kaufmann
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