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Granbury Minor Emergency Clinic v. Thiel

For the purposes of a statutory expert report, statements concerning the standard of care and breach need only identify what care was expected and was not given with such specificity that inferences need not be indulged to discern them. Fort Worth Court of Appeals, No. 2-08-467-CV, 08-27-2009.

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OPINION

I. INTRODUCTION

This is an interlocutory appeal challenging (1) the adequacy of an expert report prepared by William W. Spangler, M.D., FACEP addressing the alleged negligence of Appellant Abel Salas, M.D. and (2) the trial court’s failure to award attorney’s fees after dismissing with prejudice Appellee Teagan Thiel’s claims against Appellant Granbury Minor Emergency Clinic. For the reasons set forth below, we hold that the trial court did not abuse its discretion by determining that Dr. Spangler’s report was adequate but did abuse its discretion by failing to award attorney’s fees to the Clinic; accordingly, we will reverse the portion of the trial court’s order awarding no attorney’s fees to the Clinic and remand the issue of attorney’s fees to the trial court.

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