M.D. Anderson Loses Governmental Immunity – Texas Tort Claims Act (“TTCA”). The Texas Tort Claims Act (TTCA or Act) is a set of state statutes that determine when a city or other governmental entity may be liable for accidents or intentional acts that cause property damage or personal injury.
In this medical malpractice case, the family of a patient who died after participating in a clinical trial at the University of Texas M.D. Anderson Cancer Center (“MDACC”) alleges that the patient died because of MDACC’s negligence.
MDACC brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. MDACC contends that the family’s allegations and jurisdictional evidence do not establish a negligent use of tangible personal property as required to waive its governmental immunity under section 101.021 of the Texas Tort Claims Act (“TTCA”).
Concluding that the family’s allegations, coupled with the evidence presented, are sufficient to support a waiver of immunity, we affirm.