Angela Cornejo and Carlos Portillo v. Stephen J. Hilgers, M.D.
446 S.W.3d 113
| Tex. App. | 2014Background
- Cornejo, 40 weeks pregnant, presented with gestational hypertension and headaches at St. Joseph Medical Center on Dec 2, 2010.
- Hilgers discharged Cornejo at 8:40 p.m. with return instructions, despite rising contractions.
- Cornejo returned ~13 hours later with hypertension and fetal distress; labor started Dec 3.
- Fetal heart tracing showed concerning patterns; cesarean delivery occurred at 1:41 p.m.; baby suffered hypoxic-ischemic encephalopathy.
- Plaintiffs alleged Dr. Hilgers breached the standard of care; experts Hall and Tomasovic opined causation; Hilgers moved to dismiss for lack of causation and for Hall’s lack of qualification; court dismissed.
- Court of Appeals reversed and remanded, holding Hall qualified and the reports sufficiently addressed causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation sufficiency in expert reports | Cornejo/Portillo: Hall and Tomasovic provided causation linking Hilgers’ breaches to baby’s injuries | Hilgers: reports are speculative/insufficient on causation | Trial court abused its discretion; reports sufficient to raise causation |
| Expert Hall’s qualification to opine on causation | Hall’s OB/GYN training and experience justify causation opinion | Hall not a perinatologist/neonatologist and not shown to treat neonates | Trial court abused its discretion; Hall qualified to testify on causation |
Key Cases Cited
- Roberts v. Williamson, 111 S.W.3d 111 (Tex. 之) (board-certified physician allowed to opine on causation despite not being specialist)
- McKellar v. Cervantes, 367 S.W.3d 478 (Tex. App.—Texarkana 2012) (causation chain may be stated by non-specialist with relevant experience)
- Scoresby v. Santillan, 346 S.W.3d 546 (Tex. 2011) (expert reports must provide basis to show merit; not mere conclusions)
- Costello v. Christus Santa Rosa Health Care Corp., 141 S.W.3d 245 (Tex. App.—San Antonio 2004) (causation must be shown as a substantial factor; not all proof needed at once)
- Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010) (abuses of discretion in evaluating expert reports; non-substitution of own judgment)
- Livingston v. Montgomery, 279 S.W.3d 868 (Tex. App.—Dallas 2009) (expert in labor/delivery can opine on causal links to neonatal injuries)
- Keo v. Vu, 76 S.W.3d 725 (Tex. App.—Houston 2002) (trial court’s discretion in evaluating expert testimony)
- Otero v. Leon, 319 S.W.3d 195 (Tex. App.—Corpus Christi 2010) (amended expert reports supersede initial reports)