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David Gajewski, M.D v. Billy W. Jackson

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OPINION

Dr. David Gajewski, M.D. appeals the trial court’s order denying his motion for dismissal with prejudice on the basis that claimant, Mr. Billy Jackson, failed to file a medical expert report in accordance with Section 74.351 of the Texas Civil Practice and Remedies Code. Dr. Gajewski raises two issues on appeal. In Issue One, Dr. Gajewski contends that the trial court abused its discretion by denying the motion, as Mr. Jackson failed to provide a medical expert report before Section 74.351(a)’s deadline. In Issue Two, the doctor argues that the trial court abused its discretion because the report was insufficient to constitute a medical expert report as defined by the statute.

On April 28, 2008, Mr. Jackson injured his foot when his ultra-light airplane crashed outside Fort Stockton, Texas. He sought medical attention in the emergency room at Pecos County Memorial Hospital, where his foot was examined and treated by Dr. Gajewski. After examining the foot and several x-rays, Dr. Gajewski prescribed pain medication, and advised Mr. Jackson to follow-up with his regular physician the following day for further treatment.

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