Baty v. Futrell (Opinion)Annotate this Case
The trial court abused its discretion in concluding that Plaintiff’s expert report did not represent a good-faith effort to meet the requirements of the Texas Medical Liability Act and in dismissing Plaintiff’s health care liability claims.
Plaintiff sued Defendants, a certified registered nurse anesthetist and his employer, asserting medical malpractice claims relating to the nurse’s administration before cataract surgery. The trial court granted Defendants’ motion to dismiss, finding that Plaintiff’s expert report was deficient with respect to the elements of standards of care, breach of standards of care, and causation. The court of appeals affirmed. The Supreme Court reversed, holding that the report satisfied the good faith effort the Act requires.