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Court Brazoria County, Texas Trial Court Cause No. 105367-CV DISSENTING OPINION The Texas Health Care Liability Act was originally enacted by the Legislature to protect physicians from questionable medical malpractice lawsuits.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).