Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue
In Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, 271 S.W.3d 238, 248 (Tex. 2008), the supreme court concluded evidence the hospital knew that the ability to perform "stat" echo-cardiograms (meaning immediate or as soon as possible) was necessary for its emergency department, but elected not to obtain echo-cardiogram capability on a stat basis even after being advised to do so, along with other evidence, was legally sufficient under a clear and convincing evidence standard to support the jury's conclusion that the hospital "acted with conscious indifference to an extreme risk of serious injury when it:
(1) elected to outsource echo services without a guaranteed response time while providing emergency services;
(2) failed to communicate this limitation to its medical staff so they could consider other options to treat critical care patients;
(3) delayed obtaining the echo in spite of the serious risk to plaintiff's health." Hogue, 271 S.W.3d at 253.