(DOWNLOAD) "Schmidt v. Dubose" by State of Wisconsin in Court of Appeals District III # eBook PDF Kindle ePub Free
eBook details
- Title: Schmidt v. Dubose
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 26, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an interlocutory appeal from the denial of a motion to dismiss a health care liability claim for failure to file an expert report. See Tex. Civ. Prac. & Rem. Code Ann. §Â§ 51.014(a)(9), 74.351(b) (Vernon Supp. 2007). John A. Schmidt and Port Arthur Surgical Association, P.A. ("PASA"), appeal the trial courts denial of their motion to dismiss a particular theory of liability in Heather Duboses medical malpractice suit against them. The sole issue presented in this appeal is whether a plaintiff can maintain a theory of liability against a health care provider that was not identified in the plaintiffs threshold Chapter 74 expert report as failing to meet the standard of care and which was first asserted more than 120 days after the original petition asserting a health care liability claim was filed. Because it was not shown that the experts partial change in opinion expressed during discovery revealed that the threshold expert report did not represent a good faith effort to comply with section 74.351(r)(6) of the Texas Civil Practice and Remedies Code as of the date of the report, we find no abuse of discretion and affirm the trial courts order. Id. § 74.351(r)(6).
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