law-malpractice-medical | med-mal-appeals |

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HCLC (Health Care Liability Claims) Appeals | interlocutory appeals



09‑0502  RICARDO BARRERA, M.D. v. ISELA RICO AND MANUEL RICO, INDIVIDUALLY AND AS
PARENTS AND NEXT FRIENDS OF GLORIA RICO, A MINOR; from Hidalgo County; 13th district
(
13‑04‑00480‑CV, ___ SW3d ___, 11‑06‑08, pet denied Nov. 2009)(HCLC expert report extension)
On remand from the Texas Supreme Court, we address the contentions made by appellant, Ricardo
Barrera, M.D., that the trial court erred: (1) in granting a motion to extend the expert report deadline
filed by appellees, Isela Rico and Manuel Rico, individually and as parents and next friends of Gloria
Rico., a minor (collectively "the Ricos"); and (2) in denying Barrera's motions for sanctions and dismissal
for the Ricos' failure to file an expert report that conformed to the requirements of former article 4590i of
the Texas Revised Civil Statutes. (1) We affirm.

09-0587          
JOHN KLOTZ STOKES, M.D. v. DAVID DELAROSA; from Travis County;
3rd district (
03-06-00785-CV, ___ SW3d ___, 06-04-09)(denial of motion to dismiss med-mal suit
affirmed, expert report requirement)
Dr. John Klotz Stokes appeals a district court order denying his motion to dismiss David Delarosa's
health care liability claim against him for failure to file an expert report complying with chapter 74 of the
civil practice and remedies code. We will affirm the district court's order.