TEXAS SUPREME COURT NAILS HIDALGO DISTRICT COURT JUDGE AND CORPUS CHRISTI COURT OF APPEALS WITH CLAIMS OF JUDICIAL ACTIVISM

This is my second post, the post on Eartha Kitt is worth the read.

On the following issue, the Texas Supreme Court this morning reversed an Hidalgo County District Court and Corpus Christi Court of Appeals.

http://www.supreme.courts.state.tx.us/historical/2009/jun/060372.htm

"A hospital ordinarily is not liable for the negligence of an independent contractor physician. Baptist Mem’l Hosp. Sys. v. Sampson, 969 S.W.2d 945, 948 (Tex. 1998). Columbia asserts the trial court erred by refusing to instruct the jury, in accordance with the foregoing principle, that the jury should not consider the actions or omissions of Dr. Valencia when determining the hospital’s negligence."

This is not about taking sides for the defense or plaintiff. It is about the law. The law is so basic on this issue, one must question the radical judicial activism of the trial court and Corpus Christi Court of Appeals. The hospital is not liable, rare exceptions, for the acts of an independent contractor doctor. The radical judicial activists on the lower courts said - screw the law and let the plaintiff win.

I am referencing this case because is it such a black and white case of radical judicial activism. Now, whether or not the law is correct that the hospital should not be held liable for an independent contractor doctor is a separate question. I have read and seen cases wherein the hospital should be liable, but the trial courts and Texas Supreme Court allow for the negligence to go unpunished. These are case by case, cases.

But this is not the case at bar, the lowers courts engaged in radical judicial activism. This is always wrong.