HOUSTON – A lawsuit brought against an area physician alleging he botched a patient’s circumcision will continue, thanks to a ruling made by the First Court of Appeals today.
Last April, Alberto Ramos filed suit against Richard Kim alleging a circumcision the physician performed two years earlier was not done properly and resulted in injury.
Court records show that on Sept. 3, 2020, Ramos filed a motion to extend time to serve an expert report, “pursuant to the Texas Supreme Court’s Twenty-Second Emergency Order Regarding the COVID-19 State of Disaster.”
Medical malpractice claims filed in Texas are required to have an expert report.
The motion also stated Ramos’ attorney had tested positive for COVID in August and missed several weeks of work as a result.
Court records show the trial court granted Ramos’ motions for extension of time to serve an expert report and denied Kim’s motion to dismiss.
The First Court found that Ramos’ expert report was not yet due and held that the trial court did not err in denying Kim’s motion to dismiss.
“Thus, under its plain terms, the Texas Supreme Court’s Twenty-Ninth Emergency Order permitted the trial court, in its broad discretion, to extend the deadline for Ramos to serve his expert report on Dr. Kim,” the opinion states.
Ramos is represented by Houston attorney Michael Fisher of Dyment & Fisher.
The law firm of Myers Doyle represents Kim.
Appeals Case No. 01-20-00861-CV