CHCA Bayshore, L.P. v. Ramos
In CHCA Bayshore, L.P. v. Ramos, No. 01-11-00764-CV, 2012 WL 3024426 (Tex. App.--Houston 1st Dist. July 19, 2012, no pet. h.), the crux of the plaintiffs' allegations was that the hospital failed to properly handle, identify, monitor, and dispose of a specimen resulting from a miscarriage.
The facts of the case were that the mother suffered a miscarriage at approximately twelve weeks into her pregnancy and after sending the resulting specimen to its pathology department for testing, the hospital erroneously delivered the amputated toe of another patient to the funeral home for burial.
After a funeral, the buried specimen was exhumed and discovered to be the incorrect specimen. Id.
The First Court of Appeals concluded that "the identification, handling, and ultimate disposal of specimens are services that a health care provider is required to provide as a condition of maintaining its license."
However, the court also noted that the statutes pertaining to the disposition of medical waste specifically exempt a hospital's transfer of fetal remains to a funeral home from the general requirements for handling and disposition of fetuses and tissues. See id. (citing 25 Tex. Admin. Code Ann. 1.133 (a)(2)(F) (2012)).