13th COA--Christus Spohn Hospital et al v. Lackey; Expert Reports in Survival and Wrongful Death Action

Thanks for Bruce Anderson of Brin & Brin in San Antonio for this case summary.

In Christus Spohn Health System Corporation, et al v Lackey, et al, the court held that the expert reports were adequate for the survival action, but not for the wrongful death action.  They sent the case back to dismiss the wrongful death cause of action (a 30 day extension had already been given). 

This is NOT the law in the 4^th Court of Appeals.  They believe that if the report is sufficient as to any part of plaintiff’s case, the motion to dismiss must be overruled.  This is a conflict that the Supreme Court will have to take on eventually. 

See the opinion at Christus Spohn Hosp. et al v. Lackey

13th COA--Loaisiga v. Cerda; expert reports

Plaintiffs Cerda and Velez filed a health care liability against Dr. Loaisiga and his PA alleging sexual assault during physical examinations.  Plaintiffs denied that these were health care liability claims, but "out of an abundance of caution," they timely filed the expert report of a physician.  Dr. Loaisiga and his PA filed objections to the report, which were overruled by the trial court.  Dr. Loaisiga and his PA appealed.

On appeal, the COA agreed that these claims were not health care liability claims.   The Court pointed out that this was not a case where the physician's conduct could feasibly be explained as part of the rendition of health care services or treatment.   Because no expert report was required, the trial court was correct to deny the motion to dismiss.

As to Dr. Loaisiga's PA, the appellate court referred to Plaintiff's Petition and noted that no allegation of medical negligence were made against the PA.  As a result, no expert report was required.

See the opinion at Loaisiga v. Cerda et al.