A Case of Mistaken Identity

Robison filed a medical malpractice suit against Texas Health Resources, Inc. d/b/a Texas Health Presbyterian Hospital Allen a/k/a Texas Health Allen (“THR”).  However, Robinson was treated by Texas Health Presbyterian Hospital Allen (“THPHA”), and THR does not do business as THPHA nor did THR provide any of the care at issue in Robinson’s claim.  The trial court granted summary judgment for THR, and dismissed Robison’s claims due to the misidentification.  Robinson appealed, claiming that her original petition against “d/b/a [THPHA]” constituted an actual suit against THPHA.  The court of appeals disagreed, finding that the “d/b/a” designation does not make the entity a party to the lawsuit. Further, nothing in the record showed that THPHA has been an assumed name for THR or vice-versa. Thus, the court of appeals affirmed the judgment of the trial court.

Robison v. Texas Health Resources, No. 05-11-01376-CV