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Case Citations [i] (Spring 2026)

handle is hein.ali/thdtsmlmpe0005 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations TORTS 3D: MEDICAL MALPRACTICE (DRAFTS) MEDICAL MALPRACTICE § 15. Vicarious Liability Tex.2025. Subsec. (a) and com. (d) quot. in ftn. and cit. in ftn. to conc. op. (T.D. No. 2, 2024). Mother of minor patient sued surgeon and nonprofit health organization that employed him, alleging that surgeon negligently performed brain surgery on patient, causing her permanent neurological damage, and that organization was vicariously liable for his negligence. The trial court denied summary judgment for organization, finding that, while organization was forbidden by state statute from exercising control inconsistent with its employee physicians' professional judgment, surgeon's employment agreement granted organization sufficient control to trigger vicarious liability, even though he retained the right to exercise independent medical judgment while providing patient care. The court of appeals affirmed on interlocutory appeal. Affirming and remanding for further proceedings, this court held that a nonprofit health organization could not be held vicariously liable for the torts of its employee physicians if exercising its right of control regarding their alleged negligence would interfere with their exercise of independent medical judgment. The court noted that Texas case law was consistent with Restatement Third of Torts: Medical Malpractice § 15, which recognized that a medical institution was vicariously liable for the tortious conduct of its employee acting within the scope of employment. The concurring opinion argued that the statute was inconsistent with § 15, and that the court was bound to follow the statute. Renaissance Medical Foundation v. Lugo, 719 S.W.3d 505, 512, 520. COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.