Certified EMS Inc. v. Potts
A patient sued a nurse staffing service. The court of appeals held that because the expert reports support a theory of vicarious liability against the staffing service, the lack of a description supporting direct liability is not fatal to the claimant's maintaining her cause of action. When a health care liability claim involves a vicarious liability theory, either alone or in combination with other theories, an expert report that meets the statutory standards as to the employee is sufficient to implicate the employer's conduct under the vicarious theory. And if any liability theory has been adequately covered, the entire case may proceed. The court of appeals' judgment is affirmed. Texas Supreme Court, No. 11-0517, 02-15-2013.