In this appeal of a motion to dismiss for failing to serve an expert report authored by a qualified expert, the El Paso COA affirmed the trial court's decision. The case stemmed from care and treatment rendered to Plaintiff's mother at Providence. Plaintiffs served the reports and CVs of three experts: Michael Koumijan, M.D.; Juan Contin, M.D. and Angelica Tyler, R.N. Plaintiffs objected the reports, claiming they were inadequate and the authors were not qualified as experts. They also claimed that Dr. Contin's report was not an expert report at all.
The COA first held that the three expert reports could be read together to determine if they met the standards for Chapter 74 expert report. The COA then found that Dr. Koumijan and Nurse Tyler stated the standard of care for treating a patient undergoing an angiogram. They also found the reports adequate as to causation.
The COA then looked at the expert qualifications. They overruled Providence's point that Dr. Koumijan was not licensed in Texas. They then considered whether Dr. Koumijan, Chief of Surgery at a hospital in California, was qualified to testify as to the standard of care for nursing care and transfer of a patient. Because his position "necessarily entails supervision of and interaction with the requisite health care providers," Dr. Koumijan was qualified.
Providence also challenged the qualification of Nurse Tyler because she worked as a medical care investigator for the Attorney General in New Mexico, not in direct patient care. The COA held that Nurse Tyler had education, certifications and experience in many areas of nursing. They stated that her position as an investigator was akin to a consulting health care provider who is licensed, certified or registered in the same field as the defendant.
See the full opinion at Providence v. Barnes.
The COA first held that the three expert reports could be read together to determine if they met the standards for Chapter 74 expert report. The COA then found that Dr. Koumijan and Nurse Tyler stated the standard of care for treating a patient undergoing an angiogram. They also found the reports adequate as to causation.
The COA then looked at the expert qualifications. They overruled Providence's point that Dr. Koumijan was not licensed in Texas. They then considered whether Dr. Koumijan, Chief of Surgery at a hospital in California, was qualified to testify as to the standard of care for nursing care and transfer of a patient. Because his position "necessarily entails supervision of and interaction with the requisite health care providers," Dr. Koumijan was qualified.
Providence also challenged the qualification of Nurse Tyler because she worked as a medical care investigator for the Attorney General in New Mexico, not in direct patient care. The COA held that Nurse Tyler had education, certifications and experience in many areas of nursing. They stated that her position as an investigator was akin to a consulting health care provider who is licensed, certified or registered in the same field as the defendant.
See the full opinion at Providence v. Barnes.
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