What does HCLC mean? HCLC is an acronym that stands for Health Care Liability Claim (more commonly known as medical malpractice (med-mal) and the legal claims or complaints (tort claims, usually negligence or gross negligence in the form of violation or departure from the applicable standard of care) in a lawsuit based on it.) TYPES OF APPEALS IN HEALTH CARE LIABILITY SUITS. There are two types of med-mal appeals: those from interlocutory orders, and those from final judgments. Frequently raised issues in medical malpractice appeals are whether the expert report required by statute was timely and properly served, whether it provided expert opinion on all of the relevant elements (including causation), and whether the medical expert retained to prepare the report had the proper qualifications given the nature to the medical malpractice alleged in the petition. Many med-mal cases are dismissed on for failure to comply with the procedural requirements relating to the expert report, a mechanism established by the Texas Legislature as tool to weed out non-meritorious claims. It also leads to dismissal of potentially meritorious claims litigated by the unwary. Defendants' attorneys can be expected to move for dismissal when a proper expert report is not served before the deadline, and to resort to interlocutory appeal when a motion to dismiss based on failure to file an expert report, or on an inadequate report, is denied by the trial court. Defendants will often file a notice of appeal to seek immediate appellate review of a report they allege is inadequate. A trial court has discretion to grant an extension when an expert report is found deficient. That decision, however, is not immediately reviewable by the court of appeals in an interlocutory appeal. Texas Supreme Court Decides Issue of Interlocutory Appeal of Denial of Defendant's Motion to Dismiss where expert report was timely, but deficient, and trial court granted opportunity to cure the defect within the time-frame provided by statute Ogletree, MD v. Matthews, No. 06-0502 (Tex. Nov. 29, 2007)(Opinion by Wallcace Jefferson) (HCLC, medical malpractice, timely but deficient expert report, interlocutory appeal) JAN N. OGLETREE, M.D. AND HEART HOSPITAL OF AUSTIN v. NANCY KAY MATTHEWS AND LUANN MATTHEWS; from Travis County; 3rd district (03-05-00317-CV, 212 S.W.3d 331, 05/05/06) Holding: No interlocutory appeal is permitted when a served expert report is found deficient and an extension of time granted. We agree with the court of appeals’ conclusion that a denial of a motion to dismiss cannot be severed from the grant of an extension when a deficient report has been served, and the court of appeals correctly determined that it lacked jurisdiction over Dr. Ogletree’s appeal. We also agree with the court of appeals’ determination that Heart Hospital waived its objections to the plaintiffs’ expert reports. We affirm the court of appeals’ judgment. Tex. R. App. P. 60.2(a). Justice Willett delivered a concurring opinion. RECENT APPELLATE DECISIONS IN MEDICAL MALPRACTICE (MED-MAL) CASES FROM THE HOUSTON COURTS OF APPEALS Woofter, M.D. v. Benitez (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Sharp) (HCLC, denial of defendant's motion to dismiss affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00161-CV Aaron Lee Woofter, M.D. Danny Chu, M.D., Johnathan Charles Daniel, M.D. and Fred Milton Sutton, Jr. M.D. v. Molly Benitez, Individually and as Representative of the Estate and Kazi M. Islam Appeal from Probate Court No 1 of Harris County Trial Court Judge: The Honorable Kathleen S Stone Vu v. Solanic (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Massengale) (health care liability claim, expert report sufficiency) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00551-CV Tuan A. Vu, Individually and d/b/a Southwest Cosmetic Surgery and Skin Care Center and Tuan A. Vu, M.D., P.A. v. Cicely Solanic Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek Nexion Health at Humble Inc v. Whitley (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (HCLC denial of motion to dismiss affirmed, expert report adequate) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00052-CV Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center v. Carolyn Whitley; Clifton Kelly; Diddie Blanc; Billie Ray Kelly; and Judy Williams, Representative of the Estate of Jeanette Blanc, Deceased Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Solomon-Williams v. Desai (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (med mal suit, failure to timely file expert report, constitution challenges, due process, open courts) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane N. Bland Panel members: Justices Keyes, Hanks and Bland 01-08-00733-CV Donna Solomon-Williams v. Shetal Nicholas Desai, Individually, and d/b/a Foot Centers of America, Foot Centers of Texas, PLLC, and The Methodist Hospital Appeal from 268th District Court of Fort Bend County Rittger, MD v. Danos (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks) (HCLC expert report sufficiency challenged, interlocutory appeal, ILA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00588-CV Kevin Rittger, M.D. v. Lou Virgina Danos Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey A. Shadwick Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson) (premises liability vs. health care liability suit, characterization of claim, frivolous suit / appeal sanctions) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v. The University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at Galveston d/b/a John Sealy Hospital Appeal from 405TH District Court of Galveston County Trial Court Judge: Wayne J. Mallia BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce) (health care liability claim, adequacy of expert report) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-01096-CV Baylor College of Medicine v. Bernadette Pokluda Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Chu v. Fields (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Alcala) (HCLC, inadequate health care liability expert report, dismissed on appeal) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00417-CV Ching-Chiang Chu, M.D.; Thomas Jackson Cartwright, M.D.; and K.S.F. Orthopaedic Center, P.A. v. Jerry Robert Fields, Myrna Fields, Individually and a/n/f of Brittain Taylor Fields and Emily Brooks Fields--Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Skloss v. Perez (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Higley) (prof. counseling malpractice, HCLC) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00484-CV Belinda K. Skloss v. Sandar J. Perez, et al., Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Poland v. Ott (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Taft)(substituted opinion, HCLC, motion to dismiss, timely service of expert report) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott--Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Concurring Opinion by Justice Taft Dissenting Opinion by Justice Jennings Chau v. Riddle, MD (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Hanks) (opinion on remand) (HCLC, botched intubation of newborn) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Reardon, MD v. Nelson (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Brown) (interlocutory appeal from the trial court's denial of his motion to dismiss a medical malpractice lawsuit, sufficiency of expert reports) REVERSED AND REMANDED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00263-CV Michael J. Reardon, M.D. v. Royce Nelson Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally CHCA Mainland, LP v. Dickie (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (HCLC, expert not qualified; case remanded for possible grant of extension to file proper report) REVERSED AND REMANDED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00831-CV CHCA Mainland, L.P. D/B/A Mainland Medical Center v. Bonnie Dickie Appeal from 10th District Court of Galveston County Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code. The court affirms.) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar Pacha, M.D., P.A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick Casey, Minor Surviving Children of Kevin John Casey; Gretchen Casey, as Personal Representative of the Estate of Kevin John Casey; and John Casey and Joan Casey Appeal from 11th District Court of Harris County (Judge Mark Davidson) Untimely service of suit does not toll time to file expert report Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion to dismiss, timeliness of service of citation and expert report, defendant not a party prior to being served) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-01116-CV Salih Yilmaz, M.D. v. Eula McGregor, Tommie James, Charles James and Erma Ruth Ervin, as heirs of the Estate of Louis D. James, Deceased, and La Chunda James Appeal from 12th District Court of Grimes County ("We reverse the order of the trial court denying the motion to dismiss and remand with instructions to enter an order of dismissal of appellees’ claims against appellant, with prejudice, and for entry of reasonable attorney’s fees and court costs, in accordance with Civil Practice and Remedies Code section 74.351(b).") Marvin v. Fithian (Tex.App.- Houston [1st Dist.] July 1, 2008)(Seymore) (HCLC, interlocutory appeal) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00996-CV Robert Marvin v. Vicki Fithian Appeal from 334th District Court of Harris County Trial Court Judge: Joseph J. Halbach This interlocutory appeal pertains to a health-care liability suit brought by appellee, Vicki Fithian, against appellant, Dr. Robert Marvin.[1] In two issues, Dr. Marvin contends the trial court abused its discretion by denying his motion to dismiss because Fithian's expert report was insufficient as a matter of law. Pursuant to the standard of care, when Fithian presented with evidence of an infection, Dr. Marvin, or another qualified physician, should have performed a physical exam. Dr. Martin opines that Dr. Marvin failed to comply with the applicable standard of care by neglecting to perform a physical exam. After reviewing Dr. Martin's expert report, we conclude the trial court acted within its discretion by concluding that Dr. Martin provided a fair summary of the applicable standard of care and sufficiently described the factual basis for his opinion that Dr. Marvin breached that standard. Woofter, MD v. Benitez (Tex.App.- Houston [1st Dist.] June 19, 2008)(Nuchia) (HCLC, expert report, probate court) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Bland 01-06-01123-CV Aaron Lee Woofter, M.D.; Danny Chu, M.D.; Jonathan Charles Daniel, M.D.; and Fred Milton Sutton, Jr., M.D. v. Molly Benitez, Individually and as Representative of the Estate of Andrea Jimenez Islam, Deceased, and Kazi M. Islam Appeal from Probate Court No 1 of Harris County | Trial Court Judge: Hon. Russell Austin Awoniyi v. Mcwilliams, MD (Tex.App.- Houston [14th Dist.] June 10, 2008)(Brown) (HCLC, untimely expert report, attorney's fees award remanded, failure to segregate recoverable an unrecoverable) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-07-00071-CV Oluwakemi Awoniyi & Quadri Ige v. Robert Barton McWilliams., M.D. and the Womans Hospital of Texas Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Zimmerman, MD v. Anaya (Tex.App.- Houston [1st Dist.] Mune 5, 2008)(Bland) (HCLC, interlocutory appeal not authorized, dismissed for want of appellate jurisdiction) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00570-CV Geoffrey Zimmerman, M.D. v. Wendy Gonzalez Anaya, Individually and a/n/f of Christopher Gabriel Hernandez, Deceased, and Jose Hernandez, Individually Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Eikenhorst MD v. Wellbrock (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (HCLC, expert report)(denial of motion to dismiss affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00459-CV Ronald R. Eikenhorst, M.D. and Trinity Community Medical Center v. Leonard M. Wellbrock and Mary Wellbrock Appeal from 335th District Court of Washington County Trial Court Judge: Hon. Reva L. Towslee Corbett San Jacinto Methodist Hospital v. Bennett (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (HCLC, expert report sufficient, denial of motion to dismiss affirmed) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy 14-07-00639-CV San Jacinto Methodist Hospital and New Triumph Healthcare of Texas, LLC d/b/a Triumph Hospital East Houston v. Eric Bennett, Individually and as Representative of the Estate of Mary Jane Taylor, Deceased Appeal from 165th District Court of Harris County Trial Court Judge: Kathleen S. Stone Attorneys: Iain Gordon Simpson, Oscar Luis Delarosa | Jack Edward Little, Jr., Paula Elliott | Charles C. Brennig III, Callie Elizabeth Murphy Axelrod v. Dr.Richard Jackson (Tex.App.- Houston [14th Dist.] May 2008) (Opinion on remand by Seymore) (medical malpractice, misdiagnosis, jury verdict, proportionate responsibility) AFFIRMED: Opinion by Justice Seymore 14-02-00518-CV David and Carolyn Axelrad v. Dr. Richard Jackson Appeal from 334th District Court of Harris County Trial Court Judge: Katie Kennedy San Jacinto Methodist Hospital v. Carr (Tex.App. - Houston [1st Dist.] May 22, 2008)(Bland) (HCLC, med-mal, medical malpractice suit, expert report, motion to dismiss HCLC properly denied) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00655-CV San Jacinto Methodist Hospital v. Guy Patrick Carr and Terri Carr Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge Attorneys: Iain Gordon Simpson, Oscar Luis De La Rosa | Attorney Craig Lewis Arboretum Nursing and Rehabilitation Center of Winnie, Inc. v. Isaacks (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (HCLC, expert report) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00895-CV Arboretum Nursing and Rehabilitation Center of Winnie, Inc v. Mary Isaacks, Individually and as Representative of the Estate of Robert Isaacks SR., Deceased and Robert L. Isaacks, JR and Debra Gernert Individually Appeal from 253rd District Court of Chambers County (Name of judge not shown on docket) UTMB v. Railsback (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Jennings) (HCLC, motion to dismiss, absence, adequacy of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00729-CV University of Texas Medical Branch v. Lynda Railsback Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Klein, MD and BCM v. Hernandez (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Jenning) (HCLC, interlocutory appeal, immunity claim) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00569-CV Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Concurring Opinion by Justice Taft in Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce) (HCLC, MedMal, sufficiency of expert report) AFFIRMED: Opinion by Justice Boyce 14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo, Individually and as Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo, Sofia Angelo, Arthur Angelo, Sr. and Connie Angelo Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Michael V. Kelly, II, MD v. Rendon (Tex.App. - Houston [1st Dist.] Mar. 27, 2008)(Anderson) (HCLC) AFFIRMED: Opinion by Justice Anderson 14-07-00622-CV Michael V. Kelly, II, M.D. and Michael V. Kelly, II, M.D., P.A. d/b/a Aesthetic Surgery Center of Houston; Amit Annamaneni, M.D. and Respiratory Center of North Houston, P.A.; Luis Enrique Castillo, M.D. and North Houston Infectious Disease Associates Cor v. Isidro Rendon, Individually and as Representative of the Estate of Yolanda Leal Rendon; Julian Rendon and Lauren Rendon Appeal from 80th District Court of Harris County Trial Court Judge: Lynn M. Bradshaw-Hull Poland v. Dr. James Willerson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Taft) (HCLC, expert report, timeliness, TTCA, election of defendant, governmental unit vs. employee of unit) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-07-00198-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. James Willerson Appeal from 152nd District Court of Harris County (Judge Ken Wise) Rivenes MD v. Holden (Tex.App.- Houston [14th Dist.] Mar. 11, 2008)(Fowler) (HCLC, motion to dismiss, trial court should have dismissed med mal suit remanded for attorney's fees) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler 14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden Appeal from 434th Judicial District Court of Fort Bend County (Hon. James H. Shomake) Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates) (HCLC, expert reports sufficient) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-07-00545-CV Mansour Sanjar, M.D., and Ted W. Krell, M.D. v. Augustine Turner, Lionel Coleman, Sr., Ronniqua D. Coleman, and Laporscha Coleman, As Heirs and Representatives of the Estate of Karen Yvette Green--Appeal from 215th District Court of Harris County (Judge Levi James Benton) St. Luke's Episcopal Hospital and Texas Heart Institute v. Poland (Tex.App.- Houston [1st Dist.] Feb. 14, 2008)(Taft) (HCLC, medical malpractice, timeliness of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-06-01038-CV St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin Appeal from 152nd District Court of Harris County (Judge Ken Wise) Poland v. Grigore (Tex.App.- Houston [1st Dist.] Feb. 1, 2008)(Taft) (HCLA, Med Mal, timeliness of service of expert report) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00197-CV Raymon Poland, individually and as independent administrator of the estate of Jesse Pland, Robert Martin, and Frank Martin v. Dr. Alina Grigore and Dr. Arthur S. Keats & Associates Appeal from 152nd District Court of Harris County (Judge Ken Wise) Poland v. Ott (Tex.App. - Houston [14th Dist.] Jan 31, 2008)(Taft) (HCLC, med mal suit, health care liability claim, timely delivery of expert report by proper method) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott Appeal from 152nd District Court of Harris County (Judge Ken WIse) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007) (Anderson) (HCLC, limitations) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Guzman 14-07-00001-CV Mirna Acosta, Individually and as next of friends, Natural Parent, and Legal Guardian of Denis Acosta v. Memorial Hermann Hospital System, Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, Dinsdale W. Ford, M.D., and Greater Houston Anesthesiology, P.A Appeal from 152nd District Court of Harris County (Judge not identified, presumably Hon. Ken Wise) Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) AFFIRMED: Opinion by Justice Guzman Before Price, Chief Justice Hedges, Justice Guzman 14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D. Appeal from 215th District Court of Harris County (Hon. Levi Benton) Concurring Opinion by Price Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, motion to dismiss) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo Rivera and Dr. Franklin Wong v. Donita Rowan and James Niese Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Dissenting Opinion by Justice Anderson Walters v. Cleveland Regional Med. Ctr. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (HCLC, limitations defense, discovery of injury, sponge left in body) AFFIRM TC JUDGMENT: Opinion by Justice Hanks 01-06-01068-CV Tangie Walters v. Cleveland Regional Medical Center, et al Appeal from 125th District Court of Harris County (Judge John Coselli) Wilson-Everett v. Christus St. Joseph (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Edelman) (HCLC, expert report, constitutional challenge rejected) AFFIRMED: Opinion by Justice Edelman 14-05-00999-CV Mercedes Wilson-Everett, Individually and as Representative of the Estate of Ruby J. Wilson, deceased v. Christus St. Joseph, Jeff Webster, Edith Irby Jones, LaKisha Hose, Mariamme Kurian, Laura Fortin, Sophie Meyers, Nedra Thomas and Laura Flint Appeal from Probate Court No 1 of Harris County Justice Frost concurred in Wilson-Everett v. Christus St. Joseph Patel v. Williams (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Seymore)(HCLC, sufficiency of expert report, report found sufficient, denial of motion to dismiss upheld on appeal) AFFIRMED: Opinion by Justice Seymore 14-07-00328-CV Anil B. Patel, M.D. v. George H. Williams, On Behalf of the Estate of Frances M. Mitchell and on behalf of All Wrongful Death Beneficiaries Appeal from 240th District Court of Fort Bend County (Hon. Thomas Ralph Culver) McMenemy v. Holden (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Guzman)(HCLC, expert report) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman 14-07-00365-CV Matthew G. McMenemy, M.D. v. Donald M. Holden and Mary Holden Appeal from 434th Judicial District Court of Fort Bend County (James H. Shomake) Acosta v. Hemlata Chheda, DDS (Tex.App. - Houston [1st Dist.] Nov. 1, 2007)(Higley) (HCLC, untimely expert report) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00398-CV Mary C. Acosta v. Hemlata Chheda, D.D.S. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869 (Tex. App.—Houston [1st Dist.] 2007, pet. filed); UTHSC Houston v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Taft) (HCLC, expert report) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez, Individually and as Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle Gutierrez, a minor, Amanda Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez Appeal from 11th District Court of Harris County (Hon. Mark Davidson) This is an interlocutory appeal from the denial of appellant's, University of Texas Health Science Center at Houston ("UTHSCH"), motion to dismiss health-care-liability claims brought against it by appellees, Frank Gutierrez, individually and as representative of the estate of Theresa Gutierrez, deceased, and as next friend of Michelle Gutierrez, a minor, Amanda Gutierrez, Frank Gutierrez Jr., and Patricia Ramirez. UTHSCH filed its motion seeking dismissal of appellees' claims on the basis that appellees had failed to serve it with an expert report as required by section 74.351(a) of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2006) (regarding medical-liability claims). We conclude that section 74.351(b) mandates dismissal of this case based on appellees' failure to serve properly UTHSCH with an expert report. See id. 74.351(b). Maxwell v. Siefert (Tex.App.- Houston [14th Dist.] Sep. 18, 2007)(Seymore) (HCLC, medical malpractice, expert report, what constitutes expert report, no extension to cure) Alista Maxwell, appellant, sued Dr. Heidi Jane Seifert, appellee, for medical malpractice. Dr. Seifert filed a motion to dismiss for failure to timely file an expert report as required under Texas Civil Practice and Remedies Code section 74.351. After conducting a hearing, the trial court granted Dr. Seifert;s motion to dismiss. In three issues, Maxwell contends the trial court erred by: (1) dismissing a new claim that she added the day before the hearing, (2) determining medical records which were provided in response to Dr. Seifert;s discovery requests could not constitute an expert report, and (3) failing to rule on Maxwell;s request for a thirty-day extension to cure a deficiency in the required expert report. We affirm. Because Maxwell's bulk medical records do not constitute an expert report under section 74.351, we hold the trial court did not err by failing or refusing to rule on her request for a thirty-day extension to cure a deficiency. Accordingly, we overrule appellant's third issue. Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost) (special appearance, medical malpractice, failed penis operation) AFFIRMED: Opinion by Justice Frost 14-06-00801-CV Boston Medical Group v. Mark Ellis Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Damian Chaupin, M.D. v. Melissa Schroeder (Tex.App.- Houston [14th Dist.] Jul. 26, 2007)(Hedges) (HCLC, ILA, expert report) AFFIRMED: Opinion by Chief Justice Hedges 14-06-01102-CV Damian Chaupin, M.D. v. Melissa Schroeder, Individually as wrongful death beneficiary of Zane Schroeder, deceased, and as Administrator of the Estate of Zane Schroeder, Deceased Appeal from Probate Court No 2 of Harris County (Judge Michael James Wood) This is a health care liability lawsuit governed by chapter 74 of the Texas Civil Practice & Remedies Code. Tex. Civ. Prac. & Rem. Code Ann. ' 74.001-.507 (Vernon 2005 & Supp. 2006). Damian Chaupin, appellant and a defendant below, brings this interlocutory appeal from the trial court's denial of his motion to dismiss, which was based on the alleged inadequacy of the preliminary expert report prepared by Robert Schoene and filed by appellee/plaintiff, Melissa Schroeder, individually as wrongful death beneficiary of Zane Schroeder, deceased, on behalf of all wrongful death beneficiaries of Zane Schroeder, deceased, and as administrator of the estate of Zane Schroeder, deceased. See id. ' 51.014 (Vernon Supp. 2006) (authorizing interlocutory appeal). On appeal, Chaupin contends that (1) Schoene was not qualified to offer the opinions in the report, and (2) the report was inadequate regarding the standard of care, the alleged breach of the standard, and the causal connection between the alleged breach and the alleged damages. We affirm. Thomas v. Alford (Tex.App.- Houston, Jul 19, 2007)(Edelman) (HCLC,medical malpractice, expert report) AFFIRMED: Opinion by Justice Edelman 14-06-00796-CV Gene Thomas and Carolyn Thomas v. Jeffery Alford, M.D., Sweetwater Medical Associates, P.L.L.C., and Robert Malone, M.D. Appeal from 400th District Court of Fort Bend County Memorial Hermann Healthcare Systems v. Burrell (Tex.App.- Houston [14th Dist.] Jun. 28, 2007) (Anderson)(HCLC, ILA) AFFIRMED: Opinion by Justice Anderson 14-05-01028-CV Memorial Hermann Healthcare Systems d/b/a Memorial Hermann Southwest Hospital, and Dr. Dominic Sreshta v. Vincent Burrell a/n/f Kathie Whitfield Appeal from 11th District Court of Harris County (Judge: Levi James Benton) Sheth v. Dearen (Tex.App.- Houston [14th Dist.] May 24, 2007)(Hedges)(TTCA, HCLC) [TTCA, immunity, motion to dismiss employee of governmental entity] REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen Appeal from 334th District Court of Harris County (Judge Sharon McCally) Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates) (HCLC) (dentist malpractice, negligence, no DTPA against physician, interest on judgment) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates 14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan Appeal from 281st District Court of Harris County (Judge David J. Bernal) What is a Healthcare Liability Claim? - First Court Justices Disagree on Scope of Definition Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007, pet. filed)(Nuchia) (opinion on remand) (HCLC, standard of care, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Alcala 01-04-00228-CV Irving W. Marks v. St. Luke's Episcopal Hospital Appeal from 215th District Court of Harris Countyn (Judge Levi J. Benton) Justice Jennings wrote separately in Marks v. St. Luke's Montgomery v. Jacob Varon, M.D (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost) (HCLC health care liability claim) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Seymore 14-05-01059-CV Yolanda Montgomery, Individually and as Next Friend and Natural Parent of L'Jaunet Shantelle Montgomery and Donovan Leon Montgomery v. Jacob Varon, M.D. Appeal from 55th District Court of Harris County (Judge Jeff Brown) Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost)(HCLC, ILA, immunity claim) AFFIRMED: Opinion by Justice Frost 14-05-01059-CV Yolanda Montgomery, Individually and as Next Friend and Natural Parent of L'Jaunet Shantelle Montgomery and Donovan Leon Montgomery v. Jacob Varon, M.D. Appeal from 55th District Court of Harris County (Judge Jeff Brown) This is a health-care liability case in which a patient, individually and as next friend of her two children, appeals a judgment in favor of the hand surgeon who treated her. The patient essentially asserts that the trial court abused its discretion in excluding from the jury's consideration evidence regarding the surgeon's Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007, pet. filed and briefing requested)(Frost) (health care liability claim, immunity claim, interlocutory appeal) Failure to File Expert Report Proves Fatal to Malpractice Claim Devereaux v. Harris County Hospital District (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Alcala) (health care liability claim dismissed with prejudice, deadline to file expert report missed; parties argued over characterization claims as HCLC) |
| Appeals from Cases Involving Health Care Liability Claims (Tex.App.- Houston 2009-2007) Houston Opinions |
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