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Springer v. Johnson

The expert report adequately informed Dr. Roberto E. Solis, Dr. Joseph A. Rizzo and Cardiologists of Lubbock PA of the specific conduct Joyce Johnson called into question. Amarillo Court of Appeals, No. 07-07-0424-CV.

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Before QUINN, C.J., and PIRTLE, J., and BOYD, S.J. *fn1

OPINION

This appeal involves the statutory construction of the term “physician” as used in Chapter 74 of the Texas Civil Practice and Remedies Code, specifically § 74.351(r)(5)(C), as it pertains to the qualifications of an “expert” for purposes of an expert report on the issue of the causal relationship between the injury, harm, or damages claimed and the alleged departure from the applicable standard of care in a health care liability claim. Appellants, William Eugene Springer, M.D., Lubbock Heart Hospital, Cardiologists of Lubbock, P.A., Joseph A. Rizzo, M.D., and Roberto E. Solis, M.D. (hereinafter collectively referred to as the Medical Group), contend the term “physician” means an individual licensed to practice medicine in this state, as defined by § 74.001(a)(23)*fn2 (emphasis added). Medical Group appeals from an order denying their objections to the sufficiency of the expert report served by Appellee, Joyce Johnson, in support of her medical malpractice suit. Medical Group contends the trial court erred in denying their objections because: (1) Johnson’s expert report failed to demonstrate that its author was qualified to provide an opinion on the issue of causation because he is not licensed to practice medicine in Texas and (2) the report addressed the applicable standard of care, purported breaches, and causation in a conclusory manner. We affirm.

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