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Gannon v. Wyche

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Affirmed in Part and Reversed and Remanded in Part and Opinion filed August 31, 2010.

OPINION

This is a healthcare-liability case governed by chapter 74 of the Texas Civil Practice and Remedies Code.*fn1 Lamar and Traci Wyche, individually and on behalf of their daughter, Kyla Wyche, sued Catherine Gannon, M.D., Jochen Profit, M.D., Baylor College of Medicine, Paul Allencherril, M.D. (collectively, “the doctors”), Lisa Havins, MSN, RN, NNP, Carol Anselmo, MSN, RN, NNP, and Texas Children’s Hospital (collectively, “the nurse practitioners”) for alleged medical malpractice.*fn2 The Wyches served the defendants with expert reports prepared by Harley Aaron Rotbart, M.D., a physician, and NiKole Poulsen Armstrong, RN, MSM, NNP-BC, a neonatal nurse practitioner. The doctors and the nurse practitioners moved to dismiss the Wyches’ healthcare-liability claims on the basis of inadequate expert reports, but the trial court denied their motions. This interlocutory appeal followed.

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