Freddie Louis Brewer v. I.J. Saxon, et al.--Appeal from 52nd District Court of Coryell County

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Brewer-FL v. I.J. Saxon et al /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-96-125-CV

 

FREDDIE LOUIS BREWER,

Appellant

v.

 

I. J. SAXON, ET AL.,

Appellees

 

From the 52nd District Court

Coryell County, Texas

Trial Court # 28,859

 

O P I N I O N

 

This is an appeal by Appellant Brewer from an order of the trial court dismissing with prejudice all health care liability claims of Appellant against Appellees Hoerster and Dossey.

Appellant, a prison inmate, brought suit pro se informa pauperis against Saxon, Hoelscher-Kosel, Hoerster and Dossey. The trial court dismissed the action and Appellant appeals the dismissal only as to Appellees Hoerster and Dossey.

Appellee Hoerster is a Psychiatrist M.D. and Appellee Dossey is an RN, both employed by the Hughes Unit of the Texas Department of Criminal Justice. Appellant alleged that Hoerster and Dossey provided inadequate medical treatment for him and sought damages under the Texas Medical Liability and Insurance Improvement Act, RCS Art. 4590i. The trial court dismissed Appellant's action.

Appellant appeals on one point of error: "The trial court below erred by dismissing all health care liability claims against Appellees Hoerster and Dossey as sanction."

Appellant's claim is a cause of action under the Texas Medical Liability and Insurance Improvement Act, RCS 4590i. Such Act contains provisions in subchapter M which must be followed in order to assert a claim against a physician or other health care provider.

Subsection 13.01(d) provides:

Not later than the later of the 180th day after the date on which a health care liability claim is filed . . . the claimant shall, for each physician or health care provider against whom a claim is asserted:

(1) furnish to counsel for each physician or health care provider, one or more expert reports, with a curriculum vitae of each expert listed in the report; or

(2) voluntarily nonsuit the action against the physician or health care provider.

 

If a plaintiff-claimant fails to comply with subsection 13.01(d), then subsection (e) takes effect and provides in (3) that the court shall dismiss the action of the claimant with prejudice as to the claim's refiling.

Here, Appellant failed to comply with the above statute by failing to provide an expert report within 180 days of the filing of his malpractice claim.

The trial court correctly dismissed Appellant's health care liability claim against Appellees. Appellant's point is overruled. The judgment is affirmed.

FRANK G. McDONALD

Chief Justice (Retired)

 

Before Chief Justice Davis,

Justice Vance, and

Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed November 27, 1996

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