(DOWNLOAD) "Doades V. Syed" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Doades V. Syed
- Author : Texas Court of Appeals
- Release Date : January 09, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This appeal arises out of the trial court's dismissal of a medical malpractice lawsuit. We hold the trial court acted within the ambit of its discretion in dismissing the suit because the plaintiff's expert report is not sufficient and does not represent a "good faith effort to comply with the [statutory] definition of an expert report"; it fails to set forth the standard of care for each health care provider and contains mere conclusions regarding breach and causation. We further hold the trial court did not err in denying an extension of time in which to file a complying expert report because the motion requesting an extension fails to allege that the failure to file a complying report was the result of "an accident or mistake." Finally, we hold the trial court acted properly in reopening the evidence to permit defense counsel to respond to an objection that there was no evidence to support the trial court's attorney's fees award. Given these holdings, we affirm the trial court's judgment.