Dexter Buchanan Fernil and Delena Fernil v. Bluebird Medical Enterprises, LLC D/B/A Allegiance Mobile Health and Nicole Marina Mirza.

Affirmed and Opinion and Dissenting Opinion filed September 19, 2024

In The

Fourteenth Court of Appeals

NO. 14-23-00910-CV

DEXTER BUCHANAN FERNIL AND DELENA FERNIL, Appellants
V.
BLUEBIRD MEDICAL ENTERPRISES, LLC D/B/A ALLEGIANCE
MOBILE HEALTH AND NICOLE MARINA MIRZA, Appellees

On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Cause No. 105367-CV

DISSENTING OPINION

The Texas Health Care Liability Act was originally enacted by the
Legislature to protect physicians from questionable medical malpractice lawsuits.
Today’s majority opinion expands this protection to ambulance drivers who
negligently violate rules of the road. A medical opinion is not required to either
establish the rules of the road or common negligence. To the extent that the
majority extends the HCLA to the facts of this case, I respectfully dissent.
/s/ Jerry Zimmerer
Justice

Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
(Zimmerer, J., dissenting).

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