Here is an analysis of Peaceful Touch Hospice and Palliative Care, LLC, et al. v. Shannon Deann Houser, from the Texas Fifth Court of Appeals (Dallas), decided August 25, 2025:
The case involves claims by Shannon Houser, individually and as the administrator of the estate of Charles Abbott, against Peaceful Touch Hospice, its director Pamela Eyambe, and others. Charles Abbott died at home with Fentanyl patches on his chest, though he was never prescribed Fentanyl. Houser alleges negligence, wrongful death, fraud, and civil conspiracy by the defendants, including falsifying medical documents to cover up negligence.
The key legal question is whether Houser’s claims qualify as health care liability claims (HCLCs) under Texas law, which requires an expert report within 120 days or else dismissal of those claims. The defendants argued the negligence and wrongful death claims were HCLCs tied to medical care standards and thus subject to dismissal for no expert report. The trial court denied their motion to dismiss, so this appeal followed.
The court’s analysis:
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Negligence and wrongful death claims were held to be health care liability claims because they relate to the supervision and handling of controlled substances during hospice care, implicating standard medical care duties. Since Houser failed to serve an expert report, those claims must be dismissed with prejudice.
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Fraud and civil conspiracy claims, which allege post-mortem document falsification and cover-up, were found not to be health care liability claims because they did not directly relate to treatment or medical care of a patient. The court distinguished these from cases where falsification related to a patient’s care. Thus, these claims survive the dismissal motion.
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The appeal by Dr. Noble was dismissed after settlement.
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The court remands to the trial court to dismiss negligence and wrongful death claims with prejudice and to consider attorney’s fees and costs for those claims.
In sum, the court split the claims: negligence and wrongful death tied to medical care require expert reports and are dismissed for failure to provide one, but fraud and conspiracy claims related to alleged cover-up conduct post-mortem are not subject to those requirements and remain in the case.
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