McAllen Medical Center, Inc. v. Cortez,
No. 00-0710 (Tex. March 21, 2001)
A
patient initiated a class action suit against a hospital and physician, claiming
that the hospital and physician misrepresented that all of the hospital's cardiac
surgeons were board certified. The patient and the physician reached a settlement
and they jointly moved to certify a class for the purposes of approving the
settlement. The hospital objected to the proposed class. The trial court dismissed
these objections ruling that the hospital did not have standing to challenge
the proposed class. The Supreme Court of Texas reversed the trial court's ruling
and allowed the hospital to challenge the class action.