SEARCH

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.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

General Counsel Conference Midwest: SuperConference 2025

April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

Texas Legal Awards 2025

September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Marketing Assistant

COLE SCHOTZ P.C.MARKETING ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a mar...

Apply Now ›

TRUSTS & ESTATES ADMINISTRATION PARALEGAL

COLE SCHOTZ P.C.Prominent NJ based law firm with multiple regional offices seeks a Trust and Estate Administration Paralegal with 5 plus yea...

Apply Now ›

Legal Practice Assistant

COLE SCHOTZ P.C.LEGAL PRACTICE ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...

Apply Now ›