AUSTIN - On Friday, the Texas Supreme Court reversed an appellate court that found that an expert report in a medical malpractice lawsuit was “legally insufficient.”
Med-mal plaintiffs must serve defendant physicians and health care providers with an adequate expert report, a requirement of Chapter 74 of The Texas Medical Liability Act.
The med-mal suit in question alleges that negligent perinatal care during labor and delivery caused an infant’s brain damage and other serious health conditions.
The defendants in the case are Texas Health Care, PLLC and Timothy Jones, D.O.
Court records show that a trial court determined that a timely served expert report was adequate as to breach and causation.
An appellate court reversed and dismissed the suit against the treating physician, court records show.
However, the Supreme Court held that the trial court did not abuse its discretion in concluding that the expert report satisfies the “fair summary” standard.
“The court of appeals analysis is faulty because it does not consider the report as a whole,” the high court’s opinion states.
Case No. 20-0657