During the Survey period, there were important decisions issued in professional liability actions of all types. In the medical negligence context, the Texas Supreme Court continued to weigh in on what constitutes a “health care liability claim,” and addressed issues related to asserting the medical peer review privilege. In the legal malpractice realm, Texas courts addressed what is required to prove causation and analyzed circumstances under which a corporate shareholder may have standing to sue the corporation’s outside attorney. During the Survey period, Texas courts also addressed several important issues related to director and officer liability, including Texas courts’ personal jurisdiction over foreign business entities, fiduciary relationships in closely held companies and partnerships, personal liability of corporate officers and directors, and a plaintiff’s standing to pursue derivative claims for a representative of a limited partner.
Debran L. O’Neil, et al., Professional Liability, 3 SMU Ann. Tex. Surv. 345 (2017)