law-HCLC-motion-to-dismiss | expert report requirement | Med-Mal cases in the Houston Courts of Appeals

MOTION TO DISMISS CASELAW IN HEALTHCARE LIABILITY (MED-MAL) SUITS

UTMB at Galveston v. Simmons (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Boyce)
(
HCLC, denial of motion to dismiss affirmed in interlocutory appeal)
In this interlocutory appeal,[1] appellant University of Texas Medical Branch at Galveston, Texas (“UTMB”) challenges the trial court’s
order denying its motion to dismiss the health care liability claim[2] of appellee Marvin Simmons.  In its sole issue, UTMB contends
that the trial court abused its discretion by denying its motion to dismiss because Simmons failed to attach his expert’s curriculum
vitae to the expert report pursuant to Texas Civil Practice and Remedies Code section 74.351.  We affirm.
The trial court acted within its discretion in concluding that the expert report contained sufficient information to determine whether the
expert was qualified and, thus, satisfied the curriculum vitae requirement.  See Johnson, 286 S.W.3d at 564; Garret, 232 S.W.3d at
177-78.  Accordingly, the trial court did not abuse its discretion by denying UTMB’s motion to dismiss Simmons’s suit for failure to
serve a separate curriculum vitae.
AFFIRMED: Opinion by Justice Bill Boyce   
Before Chief Justice Hedges, Justices Anderson and Boyce  
14-09-00246-CV  University of Texas Medical Branch at Galveston, Texas v. Marvin Simmons  Appeal from 122nd
District Court of Galveston County
Trial Court Judge: John A. Ellisor JR.


Ob-Gyn Assoc, P.A. v. McCoy (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Brown)
(
HCLC, ILA, motion to dismiss, expert report requirement)
AFFIRMED: Opinion by Justice Sullivan, Opinion by Justice Brown, Opinion by Justice Boyce  
Before Justices Brown, Boyce and Sullivan
14-08-00762-CV Obstetrical and Gynecological Associates, P.A. v. Andre McCoy, Individually and as Permanent
Guardian of Shannon Miles McCoy, an incapacitated person
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: Rory R. Olsen

BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
health care liability claim, adequacy of expert report, interlocutory appeal)
DISMISSED: Opinion by
Justice Bill Boyce   
Before Justices Brock Yates, Seymore and Boyce
14-07-00962-CV Baylor College of Medicine v. Bernadette Pokluda  
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod Walker  

Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this
interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss
health-care-
liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil
Practice and Remedies Code.  The court affirms.)
AFFIRMED: Opinion by Justice Frost  
Before Justices Frost, Seymore and Guzman
14-07-00150-CV        Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar Pacha, M.D.,
P.A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick Casey, Minor Surviving
Children of Kevin John Casey; Gretchen Casey, as Personal Representative of the Estate of Kevin John Casey;
and John Casey and Joan Casey
Appeal from
11th District Court of Harris County (Judge Mark Davidson)

San Jacinto Methodist Hospital v. Bennett (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost)
(
HCLC, expert report sufficient, denial of motion to dismiss affirmed)
AFFIRMED: Opinion by Justice Frost  
Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy
14-07-00639-CV San Jacinto Methodist Hospital and New Triumph Healthcare of Texas, LLC d/b/a Triumph
Hospital East Houston v. Eric Bennett, Individually and as Representative of the Estate of Mary Jane Taylor,
Deceased--Appeal from 165th District Court of Harris County
Trial Court Judge: Kathleen S. Stone





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