Malpractice case dismissed over lack of expert report

John Suayan, Galveston Bureau Jul. 18, 2011, 2:12pm

GALVESTON - A local state district judge recently ruled in favor of a Texas City hospital in a convicted felon's $1.5 million medical malpractice lawsuit.

Galveston County 122nd District Court Judge John Ellisor dismissed Mainland Center Hospital with prejudice from former La Marque resident Jim Howard III's suit on June 13.

The action comes approximately three months after the defendant, doing business as CHCA Mainland LP, submitted its motion to dismiss.

Howard sued the hospital after its emergency room staff allegedly inflicted permanent damages to his leg by breaking his femur bone in March 2009.

The complainant sought medical attention in response to injuries sustained in a two-vehicle accident which claimed the lives of 17-year-olds Samantha Romero and Raquel Martinez and injured two other young girls.

Howard is currently serving time in the Texas Department of Criminal Justice System for intoxicated manslaughter and intoxicated assault.

Mainland's motion claims that the plaintiff failed to promptly present an expert report within the mandated 120-day timeframe following the day the original petition was entered..

Howard's 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, it says.

Mainland insists there was no agreement to extend the deadline.

Ellisor ordered Howard to reimburse the defendant as part of the ruling.

Case No. 10-cv-4039

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