Supreme Court

Leibman v. Waldroup

• Case number: 23-0317
• Legal category: Medical Liability
• Subtype: Health Care Liability Claims
• Set for oral argument: December 5, 2024

Case Summary

The main issue in this appeal is whether the plaintiffs’ negligence suit against Leibman to recover damages for injuries sustained in a dog attack triggered the Texas Medical Liability Act’s expert-report requirement.

Dr. Leibman, a gynecologist, wrote a series of letters to the landlord of his patient, stating that the patient has generalized anxiety disorder; that she has four certified service animals; and that she appears to need these service animals to control her anxiety. The purpose of the letters was to help the patient avoid eviction. At some point after the first note was written, the patient registered her dog Kingston as a service animal through a private company, which gave her a card identifying Kingston as a service dog under the Americans with Disabilities Act. One day the patient dressed Kingston in a “service dog” vest and brought him to a restaurant, where he attacked a toddler. 

The toddler’s parents sued the restaurant, the patient, and Leibman. The plaintiffs allege that Leibman was negligent in providing the letters without ascertaining whether Kingston is actually a service animal trained to perform specific tasks and that his conduct proximately caused the toddler’s injuries by enabling the patient to misrepresent Kingston to the public. Leibman filed a motion to dismiss, arguing that the plaintiffs’ suit alleges a health care liability claim under the TMLA and that the claim must be dismissed because the plaintiffs failed to timely serve an expert report. The trial court denied the motion, and the court of appeals affirmed. The court held that the plaintiffs’ suit against Leibman does not allege a health care liability claim, as defined in the Act, because it complains about Leibman’s representation that Kingston is a certified service animal, rather than his diagnosing the patient with generalized anxiety disorder or his statement that service animals may help her control that disorder.

Leibman filed a petition for review, which the Supreme Court granted.

Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.