[DOWNLOAD] "Heart V. Webb" by Third District, at Austin Texas Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Heart V. Webb
- Author : Third District, at Austin Texas Court of Appeals
- Release Date : January 09, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Austin Heart, P.A. and David J. Kessler, M.D. appeal the district court's order denying their motion to dismiss Christian and Marilou Webb's medical malpractice claims. Austin Heart and Dr. Kessler contend that the expert report served on them pursuant to civil practice and remedies code section 74.351 did not comply with the statute because it did not sufficiently identify either Austin Heart or Dr. Kessler as the parties responsible for the alleged breach of the standard of care or the cause of the alleged injury to Mr. Webb. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West 2005 & Supp. 2006). We agree that the plaintiffs' expert report was deficient and that the district court erred in denying the motion to dismiss. However, we are of the view that the cure provisions of section 74.351(c) are designed to allow the plaintiffs an opportunity to address and correct the defect. Consequently, we reverse the district court's order denying the motion to dismiss and remand this cause to the district court to consider whether a 30-day extension of the deadline for serving the report to allow the plaintiffs to address the deficiency is appropriate.
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