BAYLOR ALL SAINTS MEDICAL CENTER v. Martin
2011 Tex. App. LEXIS 2832
| Tex. App. | 2011Background
- Martins sued Baylor All Saints Medical Center for negligence alleging Pamela Martin was sexually assaulted in her hospital room during recovery.
- Martins served Baylor with Dr. John C. Shershow, M.D.'s expert report and CV; Baylor challenged its sufficiency and moved to dismiss.
- Trial court overruled Baylor's objections and denied the motion to dismiss; the issue proceeded to appellate review.
- Shershow's report claimed Baylor's standard of care and that safeguards and policies should have prevented the assault but did not specify concrete policies, numbers of security personnel, or training details.
- Texas Court of Appeals addressed whether the report complied with Tex. Civ. Prac. & Rem. Code § 74.351, focusing on the specificity of the standard of care and breach.
- Court reversed the trial court, holding the report deficient and remanded to consider a further 30-day extension to cure the deficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expert report complies with §74.351 | Martins contend the report is a good-faith summary of the standard and breach. | Baylor argues the report fails to specify the standard of care and concrete breaches. | Report deficient; trial court abused discretion; remand for potential 30-day extension. |
Key Cases Cited
- Palacios, 46 S.W.3d 873 (Tex. 2001) (defines 'expert report' requirements and fair summary)
- Wright, 79 S.W.3d 48 (Tex. 2002) (expert report must show basis linking to standard of care and breach)
- Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (assaults within health care liability claims fall under §74.351)
- Ehrlich v. Miles, 144 S.W.3d 620 (Tex.App.-Fort Worth 2004) (an abuse of discretion standard in reviewing dismissal)
- Jernigan v. Langley, 195 S.W.3d 91 (Tex. 2006) (abuse of discretion standard for trial court rulings)