HOUSTON - The 14th Court of Appeals concluded today that an injury lawsuit brought over laser hair removal treatment is a health care liability claim and therefore subject to the expert report requirement.
Court records show Phillip Durbin filed suit against Jalaram Med Spa, doing business as Nita Med Spa, alleging the defendant negligently failed to protect him from severe laser burns.
According to the 14th Court’s opinion, Durbin sought laser hair removal treatment at Jalaram. Before his first treatment, he filled out a Client Information & Medical History and an Informed Consent for Hair Removal.
Jalaram moved to dismiss the suit, asserting Durbin failed to serve a written expert report within 120 days after the company filed its answer, as required by the Texas Medical Liability Act.
The trial court denied the motion and Jalaram appealed, arguing that the trial court erred.
The 14th Court reversed the trial court’s order and remanded the case for rendition of judgment dismissing Durbin’s claim against Jalaram with prejudice and for a determination of reasonable attorney’s fees and costs of court.
“Because we concluded that Durbin’s claim was a health care liability claim subject to the expert report requirement and no report was served, the trial court erred by failing to dismiss Jalaram’s claim and award it reasonable attorney’s fees and costs of court,” the opinion states
Case No. 14-21-00060-CV