Medical Center claims plaintiff failed to present expert report in malpractice suit

John Suayan, Galveston Bureau Apr. 27, 2011, 11:51am

GALVESTON � CHCA Mainland LP seeks to remove itself from a convicted felon's medical malpractice lawsuit.

In an eight-page motion filed last month, CHCA Mainland, doing business as Mainland Medical Center, argues Jim Howard III failed to meet the deadline to provide an expert report within 120 days of filing his original complaint.

Howard is suing Mainland Medical for $1.5 million after its emergency room staff allegedly inflicted permanent damages to his leg by breaking his femur bone in March 2009.

The former La Marque resident went to the Texas City hospital after getting into a two-vehicle accident which claimed the lives of 17-year-olds Samantha Romero and Raquel Martinez and injured two other young girls.

The Galveston County 122nd District Court convicted Howard of intoxicated manslaughter and intoxicated assault last October.

According to the motion, Howard's 120-day deadline expired last Feb. 23 when the hospital did not receive either an expert report or the curriculum vitae of an expert Howard planned to use.

The report was required to provide an analysis of the applicable standard 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, court papers say.

Mainland Medical insists there was no agreement to extend the deadline.

Howard is representing himself in the case.

Serpe, Jones, Andrews, Callender & Bell PLLC is representing the defendant.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-4039

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