E.D. v Texas Health Care, PLLC (Per Curiam)Annotate this Case
In this medical malpractice case the Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court denying Defendants' motion to dismiss, holding that the trial court did not abuse its discretion in concluding that a timely-served expert report demonstrated a good faith effort to comply with the requirements of the Texas Medical Liability Act.
Plaintiffs brought this case alleging that negligent perinatal care during labor and delivery caused their infant's brain damage and other serious health conditions. On the infant's behalf, Plaintiffs sued their treating physician and other healthcare providers and served expert reports on Defendants, including a report by Dr. James Balducci, an obstetrician. Plaintiff's treating physician filed a motion to dismiss, which the trial court denied. The court of appeals reversed and dismissed the claims against the treating physician with prejudice on the grounds that Dr. Balducci's report was insufficient to support Plaintiffs' healthcare liability claims. The Supreme Court reversed, holding that the trial court did not abuse its discretion in concluding that the expert report satisfied the "fair summary" standard in Tex. Civ. Proc. & Rem. Code 74.351(l), (r)(6).