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Wooten v. Samlowski

The failure to grant Wooten an extension to cure the deficiency in the medical expert report was arbitrary and unreasonable; thus, the trial court abused its discretion. Waco Court of Appeals, No. 10-07-00305-CV.

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OPINION

This is a medical-negligence case pertaining to the expert report requirements of section 74.351 of the Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (Vernon Supp. 2007). Appellant Carol Wooten sued Appellee Eberhard Samlowski, M.D., for medical negligence. Within 120 days of filing suit, Wooten served the statutorily required expert report on Dr. Samlowski. See id. § 74.351(a). Dr. Samlowski filed an objection and then a motion to dismiss, each contending that Wooten’s expert report was deficient regarding how Dr. Samlowski’s alleged standard-of-care breaches (negligent acts and omissions) proximately caused injury to Wooten. The trial court granted Dr. Samlowski’s motion to dismiss, but it did not expressly rule on Wooten’s alternative request for a thirty-day extension to cure any deficiencies in the report. See id. § 74.351(c). However, the order granting the motion to dismiss denied all relief not granted. We will reverse and remand.

Adequacy of Report

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