COURT OF APPEALS ORDERED TO RECONSIDER GRANTING MANDAMUS IN MED-MAL SUIT IN LIGHT
OF NEW MANDAMUS STANDARD ON SUFFICIENCY OF EXPERT REPORTS IN HEALTH CARE LIABILITY
In re Methodist Healthcare System of San Antonio (Tex. 2008)(orig. proc.)
In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam) (HCLC,
sufficiency of expert report in medical malpractice suit)(court of appeals should consider granting mandamus
relief in light of new Texas Supreme Court precedent)
IN RE METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., D/B/A METROPOLITAN METHODIST
HOSPITAL; from Bexar County; 4th district (04-05-00305-CV, ___ S.W.3d ___, 05-25-05)
stay order issued September 16, 2005, lifted
motion to consolidate dismissed as moot
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
OTHER MEDICAL MALPRACTICE DECISIONS:
In Re McAllen Medical Center, Inc (Tex. May 16, 2008)(dismissal order by mandamus)
Hamilton v. Wilson, MD, No. 07-0164 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of expert report)
In Re Jorden, MD, No. 06-0369 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit
discovery, Rule 202 deposition)
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In re Methodist Healthcare System of San Antonio, 256 S.W.3d 263 (Tex. 2008)
Zacharias Favela was admitted to the hospital to rule out myocardial infarction. Dr. Jairo Ramirez, after
monitoring Favela, decided he needed a left heart catheterization, possible angioplasty, and possible stent
placement. A Jehovah’s Witness, Favela signed a form consenting to surgery but not the use of blood or
blood products. Several hours after surgery, Dr. Ramirez discovered a large hematoma on Favela’s left
groin. Blood was withheld in accordance with Favela’s wishes and he died seven hours later due to internal
bleeding. His wife and estate sued Dr. Ramirez and Methodist Healthcare System of San Antonio.
As required by statute, within 180 days of filing the Favelas served curricula vitae and expert reports signed
by Dr. Mandeep Dhadly, Jenny Beerman, R.N., and Sherri Ozawa, R.N. supporting their claim. Tex. Rev. Civ.
Stat. art. 4590i, § 13.01(d) (repealed 2003). Methodist moved for dismissal and sanctions on the ground that
the expert reports were inadequate. Id. § 13.01(e). Specifically, Methodist claimed the reports omitted the
appropriate standard of care as to the hospital and contained conclusory statements regarding causation.
The trial court denied the motion, and Methodist filed a petition for writ of mandamus.
The court of appeals, by memorandum opinion, denied mandamus relief “because an appellate remedy by
appeal exists.” ___S.W.3d___. For the reasons stated in In re McAllen Medical Center, ___ S.W.3d ___
(Tex. 2008), we hold that an appeal is not always an adequate remedy in these circumstances. Accordingly,
we conditionally grant the writ of mandamus without hearing oral argument, see Tex. R. App. P. 52.8(c), and
instruct the court of appeals to withdraw its previous opinion and reconsider in light of our opinion in McAllen.
We are confident that the court of appeals will comply, and our writ will issue only if it does not.
OPINION DELIVERED: June 6, 2008