The Texas Supreme Court will be hearing oral argument today on extensions for filing expert reports in medical malpractice cases. The issue is framed: The principal issue is whether a trial court must grant a 30-day extension to cure a deficient but arguably curable expert report in a medical-malpractice suit. In this case the trial […]
The Texas Supreme Court will be hearing oral argument today on extensions for filing expert reports in medical malpractice cases. The issue is framed:
The principal issue is whether a trial court must grant a 30-day extension to cure a deficient but arguably curable expert report in a medical-malpractice suit. In this case the trial court dismissed the suit with prejudice — barring refiling of the suit — because the expert report did not adequately show how the alleged negligence proximately caused Wooten’s injuries. Wooten alleged Samlowski’s initial inaccurate diagnosis led to a second surgery and complications. The court determined the report was not a good-faith effort to comply with the expert-report requirement. The appeals court reversed to allow an extension to cure the report, holding that the expert report was not a good-faith effort but was a good-faith attempt to comply with the report requirement.
The case is likely to test the perimeters of Texas med-mal reform.
The case is Eberhard Samlowski, M.D. v. Carol Wooten, No. 08 – 0667.
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