University of Texas Medical Branch at Galveston v. York

In University of Texas Medical Branch at Galveston v. York, 871 S.W.2d 175 (Tex. 1994), the patient, who was improving from severe injuries he sustained in a car accident that left him partially paralyzed, was admitted to UTMB for an inpatient program. Shortly after his admission, the patient broke his hip which went undiagnosed for approximately eight days. He suffered severe pain, withdrawal, depression, and regression in his rehabilitation. York sued UTMB and alleged misuse of tangible personal property by "failing to note in his medical records" the events of the day he broke his hip and in "failing to memorialize in writing numerous other observations concerning his condition . . . ." He further alleged misuse of his medical records by "failing to follow a recommendation noted in the records for an x-ray of his hip." A jury returned a verdict in York's favor, which was affirmed by the court of appeals. Recognizing that the codified version of the Act eliminated the mandate for liberal construction and instead called for construction subject to the general principles of statutory construction in 311.023 of the Code Construction Act, the Court held that mere information, which may or may not be recorded in a patient's medical records, does not constitute use, misuse, or non-use of tangible personal property under 101.021(2) of the Act. York, 871 S.W.2d at 179. York's judgment was reversed and judgment was rendered in favor of UTMB. While paper itself can be touched, handled, and seen, the Court reasoned that medical information recorded on paper is not tangible personal property. Id at 176. Information is intangible. Id. at 179. York had not alleged any misuse of any hospital device or equipment. Id. at 178. In sum in University of Texas Medical Branch at Galveston v. York, the plaintiff alleged that UTMB misused tangible personal property by failing to note the patient's fall and other observations regarding his care in his medical records. Id. at 176. The supreme court noted that the codified version of the TTCA eliminated the provision requiring liberal construction and instead called for construction under the general rules of statutory construction. Id. at 177 & n.3. The court held that information recorded in a patient's medical records was not tangible personal property, and, thus, York failed to allege a claim that waived immunity because he did not allege misuse of any hospital device or equipment. Id. at 178-79 ("Information, which may or may not be recorded in a patient's medical records, does not constitute tangible personal property under section 101.021(2) of the TTCA and thus the State has not waived governmental immunity for negligence involving the use, misuse, or nonuse of information in a patient's medical records.").