N.P. v. Methodist Hospital

Appellant, N.P., appeals from a traditional summary judgment granted in favor of appellees, The Methodist Hospital (Methodist Hospital) and The Methodist Health Care System (collectively Methodist). In two issues on appeal, N.P. contends that under section 81.003(a) of the Civil Practice and Remedies Code, Methodist is liable for damages caused by its failure to take necessary action to prevent or stop the sexual exploitation of her by its employee, Mark Kennerson, who was her mental-health-services provider and who was known by Methodist to have exploited another patient. In her reply issue, N.P. further contends that, because the trial court granted summary judgment under section 81.003 only, she still has a viable claim for relief for respondeat superior. We hold that the plain language of section 81.003 imposes liability on an employer a of mental-health-services provider for failure to take necessary action to prevent or stop the sexual exploitation of a patient by a mental-health-services provider only when the employer of that provider knew or had reason to know of the sexual exploitation of the same patient by its provider-employee. We further hold that any liability imposed on an employer on the basis of respondeat superior under chapter 81 is set forth within the express parameters of the act and that, by rendering summary judgment pursuant to chapter 81, the trial court therefore disposed of all of N.P.s claims. Accordingly, we affirm the judgment of the trial court.