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
The [Medical Liability Act] requires a claimant in a healthcare-liability action to serve ―one or more
expert reports‖ on each opposing party or party’s attorney within 120 days from the date
of filing the original petition. See Tex. Civ. Prac. & Rem. Code § 74.351(a). An expert
report is defined as ―a written report by an expert that provides a fair summary of the
expert’s opinions as of the date of the report regarding applicable standards of care, the
manner in which the care rendered by the physician or health care provider failed to meet
the standards, and the causal relationship between that failure and the injury, harm, or
damages claimed.‖ Tex. Civ. Prac. & Rem. Code § 74.351(r)(6); see also id. § 74.401
(discussing qualifications of expert witnesses). If the claimant fails to serve an expert
report within the 120-day period, the court, on motion of the affected healthcare provider,
shall enter an order awarding the healthcare provider reasonable attorney’s fees and costs
of court and dismissing the claim against the healthcare provider with prejudice. Id. §
74.351(b).
If a report is timely served, a healthcare provider ―whose conduct is implicated‖ in
the report must file and serve any objection to the sufficiency of the report ―not later than
the 21st day after the date it was served‖ or ―all objections are waived.‖ Id. § 74.351(a).
But ―if an expert report has not been served within [120 days] because elements of the
report are found deficient,‖ the court may grant one thirty-day extension to the claimant
to ―cure the deficiency.‖ Id. § 74.351(c). We review for an abuse of discretion a trial
court’s ruling on a motion to dismiss based on the claimant’s failure to timely serve an
expert report. Kingwood Specialty Hosp., Ltd. v. Barley, 328 S.W.3d 611, 613 (Tex.
App.—Houston [14th Dist.] 2010, no pet.)
PETITIONS FOR REVIEW RECENTLY DENIED BY THE TEXAS SUPREME
COURT IN HCLC APPEALS
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)
08-0084
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.