Texas Medical Malpractice Archives - Page 4 of 15

Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert’s Report And Addendum Were Sufficient

December 20, 2022

Expert’s Report And Addendum Were Sufficient: Under Chapter 74, claimants in Texas health care liability cases must serve an expert report on each defendant. TEX.CIV. PRAC. & REM.CODE § 74.351. The purpose of this requirement is to weed out frivolous malpractice claims in the early stages[...]

Texas Appellate Court Holds Claim Involving Ambulance Crash Was Not Health Care Liability Claim

December 14, 2022

Ambulance Crash Was Not Health Care Liability Claim: The Texas Tenth Court of Appeals (“Texas Appellate Court”) held in its August 31, 2022 Memorandum Opinion in a case where an ambulance company contended that the claims brought against it and its driver for injuries sustained during a [...]

Texas Appellate Court Holds Estate Had Standing To Bring Medical Malpractice Action

December 12, 2022

Court Holds Estate Had Standing To Bring Malpractice Action: Celia Ontiveros was a patient at a nursing care facility run by Nexion from September of 2014 through early March of 2015. Ontiveros experienced several issues at the facility such as weight loss and falls, and it was alleged that she had [...]

Texas Appellate Court Holds Expert’s Report Sufficient In Claim Against Ophthalmologist

November 19, 2022

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion filed on February 15, 2022 in a Texas medical malpractice lawsuit filed a claim against an ophthalmologist for alleged medical negligence in diagnosing a seven-year-old’s occipital tumor,[...]

Texas Appellate Court Holds Medical Residents Immune From Medical Malpractice Claims

November 14, 2022

Medical Residents Immune From Malpractice Claims: The Court of Appeals for the First District of Texas (“Texas Appellate Court”) held in its opinion issued on August 18, 2022: “we conclude that the doctors conclusively established that Texas Civil Practice and Remedies Code section[...]

Texas Appellate Court Holds Discovery Rule Did Not Apply To Health Care Liability Lawsuit

October 31, 2022

Court Holds Discovery Rule Did Not Apply: The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its Memorandum Opinion filed on August 9, 2022, “Because it is undisputed that Villegas’s claims are health care liability claims, the statute of lim[...]

Texas Appellate Court Holds Claim By Doctor Shocked By Medical Device Was Medical Negligence Claim

October 25, 2022

Doctor Shocked By Medical Device Was Medical Negligence Claim: The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its Memorandum Opinion dated August 4, 2022 that a doctor’s claim that he was shocked and seriously inj[...]

Texas Appellate Court Rules Medical Malpractice Expert’s Report Was Timely Under Emergency Order

October 24, 2022

Expert’s Report Was Timely Under Emergency Order: A claimant asserting a health care liability claim against a physician ordinarily must serve on the physician an expert report not later than the 120th day after the physician files an original answer. TEX. CIV. PRAC. & REM. CODE § 74.351([...]

Texas Appellate Court Rules Claim For Wrongful Death Occurring During Pending Medical Malpractice Case Was Timely

October 18, 2022

Court Rules Claim For Wrongful Death During Pending Malpractice Case Timely: In her original petition filed on March 5, 2013, Juana Laguna alleged that appellees negligently treated a fracture in Regino Gonzalez, Jr.’s left femur, which he suffered spontaneously while he was engaged in routine[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Texas Appellate Court Reverses Dismissal Of Medical Malpractice Case Based On Deficient Expert Report

October 15, 2022

Court Reverses Dismissal Of Case: The Court of Appeals Seventh District of Texas at Amarillo (“Texas Appellate Court”) held in its May 9, 2022 Opinion that the trial court erred in dismissing the Texas medical malpractice case when it failed to consider the plaintiff’s amended expe[...]

Texas Appellate Court Holds DNA Testing Facility May Be Held Liable For False Paternity Test

October 10, 2022

Court Holds DNA Testing Facility May Be Held Liable For False Paternity Test: In its July 21, 2022 Memorandum Opinion, the Court of Appeals Second Appellate District of Texas at Forth Forth (“Texas Appellate Court”) held that the trial court erred in granting summary judgment for the def[...]

Texas Supreme Court Reverses Suicide Medical Malpractice Award

October 9, 2022

Court Reverses Suicide Medical Malpractice Award: The Supreme Court of Texas stated in its opinion delivered on May 13, 2022: “In this health-care liability case, we must determine the appropriate causation standard to apply. The facts are tragic. A teen committed suicide after seeking treatme[...]

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Category: Texas Medical Malpractice