During the Survey period, Texas courts issued important decisions in various professional liability actions. In the medical field, the Texas Supreme Court weighed in on the application of the Texas Civil Practice and Remedies Code to the Texas Medicaid Fraud Prevention Act, as well as the “analytical gap” inherent in expert opinions. In the legal malpractice context, the San Antonio Court of Appeals analyzed the effects of criminal proceedings on the tolling of legal malpractice claims. Finally, courts addressed a wide-ranging set of issues related to director and officer liability, including the imposition of a corporate default on an entity’s former officer, the availability of entity protection for Texas Water Code liability, and the high evidentiary burden required to hold a parent company liable for the obligations of its subsidiary under the “alter ego” theory.
Evan A. Kirkham et al., Professional Liability, 5 SMU Ann. Tex. Surv. 291 (2019).