# Berel v. HCA Health Services of Texas, Inc.

> Texas Court of Appeals, 1st District (Houston) · July 28, 1994 · 881 S.W.2d 21

URL: https://www.frixlaw.com/law-library/cases/9665540

## Case

- **Full name:** Beverly BEREL, Individually and as Natural Mother and Next Friend of Kelly Pilcik and Brian Pilcik, Minor Children, and Beverly Carroll, Individually and as Natural Mother and Next Friend of Kristy Berel and Jake Berel, Minor Children, Appellants, v. HCA HEALTH SERVICES OF TEXAS, INC., D/B/A Houston International Hospital, Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** July 28, 1994
- **Citations:** 881 S.W.2d 21; 1994 WL 69943
- **Precedential status:** Published
- **Opinion:** Concurrence by Oliver-Parrott
- **Judges:** Oliver-Parrott, O'Connor, Wilson
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9665540

## Opinion text

OLIVER-PARROTT, Chief Justice,
concurring.
I concur in the majority’s finding a fact issue as to whether there is potential liability on the part of a psychiatric hospital in this particular case. In light of the dissent’s comments, however, I believe it is important to emphasize that this ease does not involve a vague right to control the physician’s admission and treatment of patients with general allegations of physician negligence. The plaintiffs asserted they were injured by being unnecessarily restrained in a mental health facility. They asserted they spoke directly to the hospital staff and requested release. The staff psychiatrist and defendant doctor testified specifically that the utilization review committee could overrule an admitting physician and discharge any patient if their admission or treatment was inappropriate. There is, therefore, at least a fact issue as to the hospital’s own negligence and its ability to control the admitting physician insofar as timely discharge.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9665540. Public record. Not legal advice.