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Walker v. Thornton

In determining whether there was intentional or conscious indifference, the court looks to the knowledge and acts of the claimant or his attorney.

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OPINION

Mary Walker appeals from a judgment dismissing her malpractice lawsuit against various doctors and health care institutions. According to her allegations, she underwent laser cataract surgery, had complications resulting in a massive infection, and lost vision in her left eye. Walker was represented by counsel at trial. The judgment states the trial court dismissed her lawsuit because counsel did not file an expert report as required by the Texas Medical Liability and Insurance Improvement Act, Tex. Rev. Civ. Stat. Ann. art. 4590i, � 13.01(d) (Vernon Supp. 2002). The trial court found that a motion to extend time to file an expert report was without merit because counsel failed to show that the lack of the report was due to accident or mistake.

A brief prepared by Walker’s trial counsel was filed in this Court on May 17, 2001. Walker informed this Court, after the brief had been filed, that she had discharged her trial counsel before the brief’s preparation and that she strongly objected to its filing. Accordingly, that brief will not be considered in our resolution of this appeal.

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