The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion issued on October 25, 2018: “We agree with appellees that their live pleading sufficiently pleads a claim for medical battery because it includes allegations that [the… Read More
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Texas Medical Malpractice Plaintiff Loses Appeal In Misnamed Defendant Case
The Court of Appeals for the First District of Texas (“Texas Appellate Court”) held in its Opinion filed on July 26, 2018 that because the Texas medical malpractice plaintiff’s original petition incorrectly named “Dr. Smith” as one of the anesthesiologists… Read More
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Texas Appellate Court Rules Promissory Estoppel Claim Was A Healthcare Liability Claim
In its August 31, 2017 Memorandum Opinion, the Court of Appeals Second District of Texas Forth Worth (“Texas Appellate Court”) stated that “[t]he lone issue is a familiar one: the often hazy question of whether a claim, though labeled otherwise, is… Read More
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Texas Appellate Court Affirms Medical Malpractice Expert Report Was Sufficient
In its opinion filed on August 17, 2017, the Court of Appeals for the First District of Texas (“Texas Appellate Court”) held that the trial court reasonably could have concluded that the plaintiff’s expert report met the requirements of Civil Practice… Read More
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Texas Medical Malpractice Lawsuit Filed For Wrong Kidney Surgery
On June 10, 2014, a Texas couple filed a medical malpractice lawsuit against a urologist, a radiologist, and others, alleging that surgeons removed the husband’s healthy left kidney instead of removing his cancerous right kidney. As a result of the… Read More