April Dower filed a suit against Heart of Texas EMS and one of their drivers, Amanda Coci for alleged negligence. Mrs. Dower accused the EMS driver of falling asleep behind the wheel. This mistake resulted in an accident. The EMS service claims that the case should have been thrown out. According to them, this is a health care liability claim. The suit was filed as a negligence claim. Because Dower did not provide an expert medical witness, the case should not move forward. However, the Texas appellate panel disagreed. This case is moving forward as a negligence case. Justice Jim Wright wrote in his majority panel “The essence of Dower’s negligence cause of action is not found in standards that arise from professional duties owed by appellants as health care providers…Rather, Dower alleged that Coci failed to follow the rules of the road: negligent motor vehicle operation.”
Dower and her daughter with special needs were on their way to a hospital, being transported by Mrs. Coci. Dower’s daughter was on her way to get a procedure done at the Cook Children’s Medical Center when Coci fell asleep at the wheel. This caused the ambulance to leave the road, and crash into the highway median barriers. Dower is looking to recover damages for her injuries. Her suit claims negligence and gross negligence. Her daughter is not a party to the suit.
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