Kamel v. University of Texas Health Science Center at Houston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claims for errors in medical judgment or general medical negligence do not involve the use of tangible property
• finding no waiver for negligent removal of a testicle where the negligent conduct-the decision to remove the non-cancerous testicle-was unrelated to the property used to carry out that decision
• finding no waiver for negligent removal of a testicle where the negligent conduct—the decision to remove the non-cancerous testicle—was unrelated to the property used to carry out that decision
• if relevant evidence is undisputed or fails to raise a fact question on jurisdictional issue, the trial court rules on the plea as a matter of law
• held that crux of plaintiff’s claim is the surgeon made an erroneous medical judgment in determining that patient’s testicle needed to be removed, and allegations do not fall within limited waiver of the Act

Source: CourtListener parenthetical corpus (CC0).