Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Robert Passmore, III, et al v. Baylor Health Care, 15-10358 (5th Cir. 05/19/2016)

Appellants brought this health care liability suit against appellees to recover damages for injuries that husband suffered as a result of undergoing two back surgeries at appellee hospital. Appellants filed their suit in federal court under the court's bankruptcy jurisdiction. Appellees moved for dismissal when appellants failed to serve an expert report in accordance with §74.351 of the Texas Civil Practice and Remedies Code; the district court dismissed the case with prejudice. The main issue on appeal was whether §74.351 applied in federal court. Section 74.351 required a plaintiff who has brought a health care liability claim to serve on each defendant not later than the 120th day after the date each defendant's original answer was filed, one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician r health care provider against whom a liability claim was asserted. The purpose was to inform the defendant of the specific conduct called into question and for the trial court to conclude the claims had merit. The court of appeals reversed the district court holding FRCP §26 and §37 conflict with the Texas statute thereby trumping the requirements owed by appellants under the state law. The court of appeals held that §74.351 would significantly interfere with federal control of discovery which was an area governed exclusively by federal law. Therefore, the district court's judgment dismissing the claims was reversed.

Robert Leroy Passmore, III, Individually and as Next Friend of M.P. and A.P., minors; Kelly Passmore v. Baylor Health Care System, doing business as Baylor Medical Center of Plano; Baylor Regional Medical Center of Plano; Kimberly Morgan, APN, Fifth Circuit, Case No.: 15-10358, 05/19/2016

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appeal from the United States District Court for the Northern District of Texas

Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

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
Team Accounts
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
Go to CLE Center
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
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs