law-HCLC | health care liability claims | appeals in medical malpractice suits
HEALTH CARE LIABILITY (MEDICAL MALPRACTICE) CASES
See separate page on Texas Supreme Court opinions in appeals of medical malpractice suits
PETITIONS FOR REVIEW RECENTLY DENIED BY THE TEXAS SUPREME COURT
IN HCLC APPEALS
09-0058 JOSEPH DANIELS, D.O., JOSEPH DANIELS, D.O., P.A. AND AMERICAN ORTHOPEDIC
NEUROLOGICAL AND REHABILITATION CENTER v. SHARON JORDAN, AS NEXT FRIEND OF MICHAEL
MASHBURN AND MICHAEL MASHBURN, INDIVIDUALLY; from Tarrant County; 2nd district (02-06-00341-CV,
___ SW3d ___, 11‑13‑08)(medical malpractice claims, summary judgment based on limitations reversed)
Appellants Sharon Jordan, as Next friend of Michael Mashburn (Jordan), and Michael Mashburn, individually
(Mashburn) (sometimes collectively, Mashburn), appeal from a summary judgment rendered for appellees
Joseph Daniels, D.O., Joseph Daniels, D.O., P.A., and American Orthopedic Neurological Rehabilitation Center
(collectively, Dr. Daniels) on Mashburn's medical malpractice claims. In three issues, Mashburn complains that
the trial court improperly (1) granted Dr. Daniels's motion for summary judgment, (2) denied Mashburn's motion
for new trial, and (3) sustained various objections to Mashburn's summary judgment evidence. We affirm in
part and reverse and remand in part.Since these claims accrued during the limitations period, and because
limitations was Dr. Daniels's only basis for summary judgment, the trial court erred in granting summary
judgment as to these claims.[21] Accordingly, we sustain Mashburn's first issue in part.
08‑0860
EFRAIN RIVERA, M.D. v. ANITA LOWEREE; from El Paso County; 8th district (08-06-00185-CV, 281 SW3d
515, 08‑28‑08) (HCLC) Appellant/Cross-Appellee Efrain Rivera, M.D. appeals from the trial court's denial of his
motion to dismiss the health care liability suit brought by Appellee/Cross-Appellant Anita Loweree. (1)
Specifically, Dr. Rivera argues the trial court abused its discretion in denying the motion because Ms. Loweree
did not serve upon him or his attorney a Tex.Civ.Prac.& Rem.Code Ann. § 74.351 expert report with curriculum
vitae within 120 days of filing the claim in the underlying suit. By cross-appeal, Ms. Loweree challenges the
same order, arguing the trial court erred in failing to deny Dr. Rivera's motion based on waiver. We find we
have jurisdiction over this interlocutory appeal and affirm the trial court's order.
09‑0077
JOHN M. LIM, M.D. v. RALPH WEST; from Harris County; 1st district (01-08-00469-CV, ___ SW3d ___,
10‑23‑08)( interlocutory appeal health care liability case, abatement)
08‑0458
JASON MARIS v. TADD HENDRICKS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MELISSA
HENDRICKS, DECEASED, TADD HENDRICKS, INDIVIDUALLY AND AS NEXT FRIEND OF JOSHUA AND DANIEL
HENDRICKS, MINORS, AND CHARLIE MORELLO; from Denton County; 2nd district (02‑07‑00300‑CV, ___
SW3d ___, 05‑01‑08, pet denied Oct. 2008)(order denying his motion to dismiss the health care liability claims)
08-0602
NANCY ORTEGON v. ENRIQUE BENAVIDES, M.D.; from Webb County; 4th district
(04‑05‑00768‑CV, ___ SW3d ___, 03‑05‑08) (medical malpractice, res ipsa loquitur, sponge left in body after
surgery)
08-0539
CECELIA LEDESMA v. BRUCE JOHNS, CRNA; from Williamson County; 3rd district
(03-05-00454-CV, ___ SW3d ___, 08-03-07, pet. denied Aug. 2008)(HCLC, deficient expert report,
constitutional challenge denied)
Cecelia Ledesma appeals the district court's dismissal of her health care liability claim against Certified
Registered Nurse Anesthetist, Bruce Johns, for failure to make an objective, good faith effort to timely serve an
expert report that complies with the requirements in section 74.351 of the civil practices and remedies code.
See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2006). Ledesma argues that the district court
erred in holding that the expert reports that she had served failed to comply with section 74.351 and by not
allowing her a 30-day time extension to cure any deficiencies. Ledesma also asserts that chapter 74 of the civil
practice and remedies code is unconstitutional. We affirm the district court's judgment.
07-1063
BAYLOR UNIVERSITY MEDICAL CENTER, EDMUND SANCHEZ, M.D., AND SRINATH CHINNAKOTLA, M.D. v.
HAROLD BIGGS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHERI JEAN WELLS BIGGS,
DECEASED, BRANDON WELLS, AND CHER BIGGS; from Dallas County; 5th district (05-06-01104-CV, 237
SW3d 909, 11-09-07) (HCLC, sufficiency of expert report, CoA remanded to TC to determine whether
extension should be granted to file proper report)
08-0819 PEDRO P. HANI, M.D. v. ISABELLA JIMENEZ, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE
ESTATE OF REFUGIO P. JIMENEZ, DECEASED; from Dallas County;
5th district (05-07-01354-CV, 264 SW3d 881, 08-13-08, pet denied)(medical malpractice)
08-0084
MCALLEN HOSPITALS, L.P., ET AL. v. CARMEN GARZA MUNIZ, ET AL.; from Hidalgo County; 13th district (13-
06-00288-CV, ___ SW3d ___, 12-13-07, pet. denied June 2008)(medical malpractice, jury verdict)
The jury returned a verdict in favor of Dr. Rashid but against the Hospital. The trial court entered judgment on
the jury verdict, and the Hospital filed a timely notice of appeal. By its first two issues, the Hospital challenges
the evidence as legally and factually insufficient to support the jury's finding that any negligence by the Hospital
was a proximate cause of Mr. Muniz's death. By its third issue, the Hospital contends the trial court erred when
it denied the Hospital's motion to strike or limit the causation testimony of Howard Rosner, M.D., appellants'
expert. We affirm.
05-0717
PETER COLDWELL, M.D. v. JOYCE O'NEAL, ET AL.; from Refugio County; 13th district
(13-04-00258-CV, ___ S.W.3d ___, 07-21-05, pet. denied May 2008)[Dissenting opinion]
as amended, motion to dismiss petition for review dismissed as moot (medical negligence, expert report)
07-0986
MARELYN MEDINA, M.D. v. MICHAEL B. HART; from Hidalgo County; 13th district (13-04-00436-CV, 240 SW3d
16, 07-05-07, pet. denied)(HCLC, admission of evidence)
This appeal arises from a medical malpractice lawsuit that was tried to a jury verdict. Appellee, Michael Hart,
brought suit against appellant, Marelyn Medina, M.D., for injuries he sustained during surgery to remove a
kidney stone. The jury found Dr. Medina negligent and awarded damages. On appeal, Dr. Medina argues that
the trial court erred in admitting expert testimony from a witness who was not qualified under former article
4590i of the Medical Liability and Insurance Improvement Act of Texas. (1) Dr. Medina claims that without this
testimony, there was no evidence that she breached the standard of care and that this breach caused
appellee's injury. We affirm.
Assuming, without deciding, that the trial court erred in admitting Dr. Diggdon's testimony, we find that such
error was harmless and did not probably cause the rendition of an improper judgment. Tex. R. App. P. 44.1(a).
Accordingly, we affirm the trial court's judgment.
08-0140
CYNTHIA HIEGER AND ROY C. HIEGER, BOTH INDIVIDUALLY AND AS NEXT FRIEND OF DAVID C. HIEGER, A
MINOR v. WALGREEN COMPANY; from Harris County; 14th district (14-06-00962-CV, 243 SW3d 183, 10-11-
07) [Dissenting opinion in 14-06-00962-CV] (HCLC, inadequate expert reports)
06-0461
CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL SHORELINE AND
FRED PURNELL THOMAS, JR., M.D. v. ROBERT C. RENAUD; from Nueces County; 13th district (13-04-00524-
CV, ___ SW3d ___, 04-20-06, pet. denied)(HCLC, extension of time)
This appeal arises from the trial court's dismissal of a medical malpractice claim brought by appellant, Robert
C. Renaud (Renaud), against appellees, Christus Spohn Health System Corporation d/b/a Christus Spohn
Hospital Shoreline (Spohn Hospital) and Fred Purnell Thomas, Jr., M.D. (Dr. Thomas). By two issues, appellant
contends the trial court (1) abused its discretion by denying his motion to extend time to file a supplemental
expert report and granting appellees' motions to dismiss and (2) erred in denying his motion to strike portions
of the affidavit of Andrew Lehrman. We reverse and remand.
07-0003
MANUEL HABABAG, M.D. v. MARY GARCIA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF MELANY AVILA, DECEASED, ET AL.; from Jefferson County; 9th district
(09-06-00136-CV, ___ SW3d ___, 10-26-06) (HCLC, motion to dismiss)
Appellee Mary Garcia (1) sued appellant Manuel Hababag, M.D. and other defendants for alleged medical
malpractice. Hababag filed a motion to dismiss that challenged appellee's expert report. See Tex. Civ. Prac. &
Rem. Code Ann. § 74.351(l) (Vernon Supp. 2006). The trial court denied Hababag's motion to dismiss. We
reverse and remand.
07-0950 TAMMIE KAY LEE v. WILLIAM A. BOOTHE, M.D., D/B/A BOOTHE EYE CARE AND LASER CENTER;
from Collin County; 5th district (05-06-00776-CV, 235 SW3d 448, 10-03-07, pet. denied April 2008)(HCLC,
failure to file required expert report)
The trial court below dismissed appellant Tammie Kay Lee's claims because she failed to file an expert report
as required by chapter 74 of the Texas Civil Practice and Remedies Code. Lee contends the trial court erred in
dismissing her claims because they were not health care liability claims and, therefore, not subject to the expert
report requirement of chapter 74. After reviewing the record, we conclude the trial court properly dismissed
Lee's claims. We affirm the trial court's judgment.
05-0474 EDWARD GROUP, III, D.C. v. MARK VICENTO; from Harris County; 14th district
(14-04-00908-CV, 164 S.W.3d 724, 05-10-05, pet. denied April 2008) respondent's motion to substitute
counsel granted (HCLC, qualifications of expert for expert report)
In this medical malpractice case, appellant appeals the trial court's denial of his motion to dismiss challenging
the sufficiency of the appellee's expert report. In a single issue, appellant argues the trial court erred in
denying his motion to dismiss as a matter of law because the appellee's expert is not qualified to render an
opinion regarding the chiropractic standard of care under Chapter 74 of the Texas Civil Practice and Remedies
Code. We affirm.
07-0122
MARGARITA B. ZAVALA v. BRUCE EVAN FOSTER EXECUTOR OF THE ESTATE OF NILES REID FOSTER;
from Ector County; 11th district (11-05-00315-CV, 214 SW3d 106, 12-21-06) (HCLC, expert qualifications) 2
petitions
This is an appeal from the trial court's denial of a motion to dismiss a medical malpractice claim. See Tex. Civ.
Prac. & Rem. Code Ann. ' 74.351 (Vernon Supp. 2006). In the motion to dismiss, the executor for the estate of
Dr. Niles Reid Foster, a podiatrist, requested that the health care liability claim against Dr. Foster be dismissed
because Margarita B. Zavala's expert, Alan C. Leshnower, M.D., a cardiovascular surgeon, was not qualified to
offer an expert opinion on the accepted standard of care for a podiatrist as required by Tex. Civ. Prac. & Rem.
Code Ann. ' 74.402 (Vernon 2005). The trial court denied the motion, and the executor for Dr. Foster's estate
filed this interlocutory appeal pursuant to Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(9) (Vernon Supp.
2006). We reverse and remand.
07-0265
MCKENNA MEMORIAL HOSPITAL, INC. AND ROBERT DONOVAN BUTTER, D.O. v. SANDRA QUINNEY; from
Comal County; 3rd district (03-06-00119-CV, ___ SW3d ___, 11-10-06)
(healthcare liability claim HCLC, interlocutory appeal)
This accelerated interlocutory appeal arises out of a health-care liability claim. Appellants McKenna Memorial
Hospital, Inc., and Robert Donovan Butter, D.O., appeal the trial court's denial of their motions to dismiss
appellee Sandra Quinney's lawsuit. They urge that she failed to provide a sufficient expert report as required
by section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351
(West Supp. 2006). Because we conclude that the trial court abused its discretion by finding that the expert
report was sufficient, we reverse the trial court's orders and remand for proceedings consistent with this
opinion.
07-0439
JORGE MIRANDA, M.D. v. GUADALUPE ADRIANA MARTINEZ, BRYAN POWERS, AND LEMUEL LOPEZ; from
Hidalgo County; 13th district (13-06-00386-CV, ___ SW3d ___, 03-08-07) (medical malpractice suit, no expert
report)
Appellant, Jorge E. Miranda, M.D., challenges the trial court's denial of his motion to dismiss the claim filed by
appellee, Guadalupe Adriana Martinez, for failure to provide an expert report and curriculum vitae within the
120-day statutory period. (1) We reverse and remand.
07-0842
VICTOR HADDAD, M.D. v. CESAR MARROQUIN AND OLGA BROWN; from Hidalgo County; 13th district (13-07-
00014-CV, ___ SW3d ___, 08-29-07) (HCLC, appeal of denial of motion to dismiss)
2 petitions
Victor Haddad, M.D. (Haddad) and McAllen Hospitals, L.P., d/b/a/ McAllen Medical Center (McAllen Medical),
appellants, filed this interlocutory appeal challenging the trial court's order denying their motions to dismiss
appellee, Cesar Marroquin's, health care liability claim brought against Dr. Haddad and McAllen Medical. See
Tex. Civ. Prac. & Rem. Code Ann. §§ 51.014(a)(9), 74.351(a)-(b), (l) (Vernon Supp. 2006). Although Dr.
Haddad and McAllen Medical filed separate motions to dismiss and have filed separate appeals, the issues are
sufficiently similar that they can be disposed of in one opinion. We reverse and remand to the trial court.
08-0069
BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County;
5th district (05-07-00639-CV, 240 SW3d 565, 12-07-07)(HCLC, sufficiency of expert report)
In this interlocutory appeal, Baylor University Medical Center (BUMC) and Sara Thomas, R.N. appeal the trial
judge's order denying their objections to Dianna Rosa's expert reports and denying their motion to dismiss.
BUMC and Nurse Thomas raise two issues: (i) error by the trial judge in finding a sufficient expert report and
denying their motion to dismiss, and (ii) whether a deposition satisfies statutory expert report requirements. We
affirm the trial court's order.
08-0261
STUART SPITZER, M.D. v. MADELON BERRY, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE/ADMINISTRATOR/EXECUTOR OF THE ESTATE OF TOMMY BERRY; from Henderson
County; 12th district (12-07-00276-CV, 247 SW3d 747, 02-22-08) (HCLC, medical malpractice, expert report,
denial of motion to dismiss affirmed)
Stuart Spitzer, M.D., appeals the trial court’s order denying Spitzer’s motion to dismiss a medical malpractice
lawsuit filed against him by Madelon Berry. In his sole issue, Spitzer argues that the trial court erred in denying
his motion to dismiss. We affirm.
08-0296
MIRNA ACOSTA, INDIVIDUALLY AND AS NEXT FRIEND, NATURAL PARENT, AND LEGAL GUARDIAN OF
DENIS ACOSTA, A MINOR v. MEMORIAL HERMANN HOSPITAL SYSTEM, MEMORIAL HERMANN HOSPITAL
SYSTEM D/B/A MEMORIAL HERMANN SOUTHWEST HOSPITAL AND GREATER HOUSTON
ANESTHESIOLOGY, P.A.; from Harris County; 14th district (14-07-00001-CV, ___ SW3d ___, 01-22-08)(health
care liability, limitations, summary judgment)
Appellant, Mirna Acosta, Individually and as Next Friend, Natural Parent, and Legal Guardian of Denis Acosta,
filed suit against appellees, Memorial Hermann Hospital System, Memorial Hermann Hospital System D/B/A
Memorial Hermann Southwest Hospital (collectively "Memorial Southwest"), and Greater Houston
Anestheiology, P.A. ("GHA") asserting various health care liability claims. Arguing all of appellant's individual
claims were barred by limitations, appellees separately filed motions for summary judgment, which the trial
court granted. We affirm.
07-0955
DORIS POLLARD v. WALGREEN CO. AND MICHAEL BARNES; from Jefferson County; 9th district
(09-06-00447-CV, ___ SW3d ___, 09-06-07,pet denied April 2008) (HCLC pharmacist, expert report)
Doris Pollard appeals the dismissal of her personal injury claims against Walgreen Co. and Michael Barnes.
Pollard alleged that Barnes, a pharmacist at a Walgreen pharmacy, negligently filled her prescription with the
wrong medication. Walgreen and Barnes moved to dismiss on the grounds that Pollard failed to file an expert
report under the Medical Liability Act
06-0870
MARK S. MAXWELL, D.O. v. DAVID ELKINS AND JUANITA ELKINS; from Taylor County; 11th district
(11-05-00339-CV, 197 SW3d 858, 07-20-06, pet denied April 2008) (HCLC, motion to dismiss)
Dr. Mark S. Maxwell filed this interlocutory appeal from the trial court's order denying his motion to dismiss the
health care liability claims of David and Juanita Elkins. We affirm.
07-0982
RICHARD J. HARE, M.D. v. BETTY REED GRAHAM, INDIVIDUALLY AND AS SURVIVING SPOUSE AND
REPRESENTATIVE OF THE ESTATE OF LEE GRAHAM; from Tarrant County; 2nd district (02-07-00118-CV,
___ SW3d ___, 10-18-07, pet. denied April 2008)(HCLC, motion to dismiss denied)
Appellant Richard J. Hare, M.D. asserts that the trial court erred by denying his motion to dismiss with prejudice
a lawsuit filed by Betty Reed Grahan, Individually and as Surviving Spouse and Representative of the Estate of
Lee Graham. We affirm.
07-0605
AMY YOUNG, M.D. AND BAYLOR COLLEGE OF MEDICINE v. SILVIA VILLEGAS AND ARMANDO VILLEGAS,
INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF M.A.V., A MINOR; from Harris County; 14th district
(14-06-00072-CV, 231 SW3d 1, 04-03-07, pet. denied March 2008)(Health care liability claim, immunity claim,
interlocutory appeal) (HCLC, suit against medical school, interlocutory appeal, BCM cases)
07-0709
ENES KANLIC, M.D. v. SHIRLEY MEYER; from El Paso County; 8th district
(08-06-00292-CV, 230 SW3d 889, 07-26-07, pet. denied Mach 2008)
(HCLC, Section 101.106 dismissal, universities as defendants)
Appellant Enes Kanlic, M.D. ("Dr. Kanlic") appeals the trial court's denial of his motion to dismiss pursuant to
Texas Civil Practice and Remedies Code sections 101.106(a) and (f). Finding no error, we affirm. ... Appellee
Shirley Meyer ("Meyer") filed this medical malpractice action against Dr. Kanlic and Texas Tech University
System in July of 2006, citing portions of chapter 74 of the Civil Practice and Remedies Code. Tex. Civ. Prac. &
Rem. Code Ann. §§ 74.001-.507 (entitled "Medical Liability").
07-0405
STEPHEN FARMER AND SUSAN FARMER v. MATT SLOAN, M.D. AND PAIN NET PHYSICIANS GROUP, P.A.;
from Dallas County; 5th district (05-06-00247-CV, ___ SW3d ___, 03-22-07, pet. denied March 2008) as
amended (HCLC, dismissal proper failure to comply with expert report requirement)
In a single issue, appellants Matt Sloan, M.D. and Pain Net Physicians Group, P.A. challenge the trial court's
order denying their motion to dismiss on the ground that Stephen and Susan Farmer failed to comply with the
expert report requirements of section 74.351(b) of the civil practice and remedies code. See Tex. Civ. Prac. &
Rem. Code Ann. § 74.351(b) (Vernon 2005). Because we conclude that the Farmers' claims are “health care
liability claims” subject to the requirements of section 74.351(b), we resolve appellants' issue in their favor. We
reverse the judgment of the trial court, render judgment dismissing the Farmers' claims with prejudice, and
remand the case solely for a determination of reasonable attorney's fees and costs of court incurred by Sloan
and Pain Net.
07-0756
DAVID W. SMITH, D.D.S. AND WIFE, CATHY C. SMITH v. WILLIAM DEAN, M.D. AND CARDIOVASCULAR AND
THORACIC SURGICAL GROUP OF WICHITA FALLS, P.A., D/B/A CARDIOVASCULAR AND THORACIC
SURGICAL GROUP OF WICHITA FALLS; from Wichita County; 2nd district (02-06-00042-CV, 232 SW3d 181,
05-10-07, pet. denied March 2008) (HCLC, jury selection challenged, bias, jury verdict affirmed)
In this medical malpractice case, appellants Dr. David and Mrs. Cathy Smith appeal the jury's verdict and trial
court=s judgment for appellees Dr. William Dean and the Cardiovascular and Thoracic Surgical Group of
Wichita Falls, P.A., d/b/a Cardiovascular and Thoracic Surgical Group of Wichita Falls. In three related issues,
appellants argue that several venire members were biased as a matter of law, that those venire members were
not rehabilitated, and that the trial court abused its discretion in denying appellants' challenges for cause to
those individuals. We affirm.
07-0938
HERVY HINER, M.D., H.H. HINER, P.C., SOUTHEAST TEXAS NEPHROLOGY ASSOCIATES, P.A., AND MARISA
TURNER JOHNSON, M.D. v. LEE "PETE" BURNELL GASPARD; from Jefferson County; 9th district (09-07-
00240-CV, ___ SW3d ___, 09-06-07, pet. denied March 2008) (med-mal suit, expert report)
In this medical malpractice lawsuit brought by appellee Lee "Pete" Burnell Gaspard, appellants Hervy Hiner, M.
D., Marisa Turner Johnson, M.D., H.H. Hiner, P.C., and Southeast Texas Nephrology Associates, P.A. ("STNA")
appeal the denial of their motion challenging Gaspard's expert report. See Tex. Civ. Prac. & Rem. Code Ann. §
74.351(l) (Vernon Supp. 2006). Appellants present three issues for our review. We affirm the trial court's
judgment.
07-1015
REGENT CARE CENTER OF LAREDO, LIMITED PARTNERSHIP, D/B/A REGENT CARE CENTER LAREDO
AND PAMELA HUMPHREY v. MARIA D. ABREGO, BERTA VILLARREAL, BEATRIZ HERNANDEZ, RAUL
HERNANDEZ, JR., HOMERO PEREZ, AND DAVID PEREZ, INDIVIDUALLY AND AS REPRESENTATIVES AND
LEGAL HEIRS OF THE ESTATE OF MAGDALENA PEREZ, DECEASED; from Webb County; 4th district
(04-07-00320-CV, ___ SW3d ___, 10-24-07, pet denied Feb 2008) (HCLC, ILA, expert report)
This is an interlocutory appeal in a health care liability case. A nursing home facility, Regent Care Center of
Laredo, and its administrator, Pamela Humphrey, (collectively "RCCL"), challenge the trial court's denial of their
motion to dismiss under section 74.351 of the Texas Civil Practice and Remedies Code. RCCL asserts the trial
court abused its discretion in denying their motion to dismiss because the expert reports offered by appellees
Maria Abrego, Berta Villarreal, Beatriz Hernandez, Raul Hernandez, Jr., Homero Perez, and David Perez,
Individually and as Representatives and Legal Heirs of the Estate of Magdalena Perez, Deceased (collectively
"the Abregos") fail to establish a causal relationship between RCCL's alleged breaches of the applicable
standards of care and the death of Magdalena Perez. Because the Abregos' expert reports are sufficient as to
the issue of causation, we affirm.
07-0827
BAYLOR MEDICAL CENTER AT GARLAND v. PATRICIA KETTLE, INDIVIDUALLY AND AS EXECUTRIX OF THE
ESTATE OF RAYMOND KETTLE, DECEASED, LINDA HILL, DIANNE FRANKHAUSER, MARGARET SULLIVAN,
THOMAS KETTLE, AND SANDY ROACH; from Dallas County; 5th district
(05-05-01260-CV, 232 SW3d 832, 08-27-07, pet. denied March 2008)(HCLC dismissal reversed in part)
After Raymond Kettle (Kettle) died, his survivors (the Kettles) brought this wrongful death and survival action
alleging medical negligence by Baylor Medical Center at Garland (Baylor), Cardiology Consultants of North
Dallas, P.A. (Cardiology), Abdul Kader Ezeldin, M.D. (Ezeldin), Kanti Lal Agrawal, M.D. (Agrawal), and Michael
Motta, D.O. (Motta). The trial court dismissed the Kettles' claims with prejudice under the Medical Liability and
Insurance Improvement Act of Texas (MLIIA) (former Tex. Rev. Civ. Stat. art. 4590i, § 13.01) for failure of the
Kettles' pre-trial expert reports to satisfy its requirements. In two groups of eight issues addressing each
defendant, the Kettles argue the court abused its discretion in (i) dismissing the claims and (ii) refusing to grant
an extension under MLIIA § 13.01(g) to file amended reports meeting the statutory requirements. We affirm in
part and reverse in part and remand.
07-0935
MICHAEL FAWZY WISSA, M.D. v. MARK VOOSEN, KAREN VOOSEN, AND MARY ELIZABETH ("EMMY")
VOOSEN; from Bexar County; 4th district (04-07-00386-CV, ___ SW3d ___, 09-26-07, pet. denied Feb. 2008)
(Med-Mal suit, ILA, motion to dismiss)
In this interlocutory appeal, we are asked to determine if the trial court abused its discretion when it denied Dr.
Michael Wissa's motion to dismiss the underlying medical malpractice suit against him. Finding no error, we
affirm the trial court's order.