Hightower v. Baylor University Medical Center
348 S.W.3d 512
| Tex. App. | 2011Background
- Hightowers appeal trial court dismissals for deficient expert reports in a health care liability claim arising from Joshua Hightower's death from rabies after a kidney transplant.
- Donor kidney came from a high-risk donor; recipient died June 21, 2004; autopsy linked death to rabies from the organ.
- Two expert reports were filed by Dr. Youmin Wu and Dr. Ted Eastlund; appellees objected; Biggs influenced late rulings.
- Trial court found reports deficient, granted extensions, allowed supplemental reports, and ultimately dismissed the case with fees to appellees.
- Hightowers argued reports complied with law and that §74.351 violates the Texas Constitution; court analyzed causation and inherent-risk theories.
- Court held the reports failed to establish a causal link between alleged failure to meet standard of care and the rabies injury; constitutionality upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expert reports satisfy §74.351(r)(6) and causation. | Hightowers contend Wu and Eastlund complied with statutory requirements. | Appellees argue reports are deficient and fail to connect undisclosed risks to rabies injury. | Reports deficient; dismissal affirmed. |
| Whether §74.351 is unconstitutional under Texas Constitution. | Section 74.351 is an unconstitutional special law, vague, and sanctions violate due course and separation of powers. | Statute appropriate classifications, clear, and sanctions constitutional; open courts not violated. | Statute not unconstitutional; open courts and separation of powers upheld; dismissal affirmed. |
Key Cases Cited
- Baylor Univ. Med. Ctr. v. Biggs, 237 S.W.3d 909 (Tex.App.-Dallas 2007) (causation element and inherent risk analysis for medical disclosure claims)
- Am. Transitional Care Ctrs. of Texas v. Palacios, 46 S.W.3d 873 (Tex. 2001) (two purposes of expert report; required fair basis for merit)
- Bowie Mem'l Hosp. v. Wright, 79 S.W.3d 48 (Tex. 2002) (examination of four corners of report; admissible basis for link to claims)
- Vaughan v. Nielsen, 274 S.W.3d 732 (Tex.App.-San Antonio 2008) (unnecessary surgery claims; misdiagnosis/prognosis focus)
- McKinley v. Stripling, 763 S.W.2d 407 (Tex. 1989) (proximate cause element in informed-consent context)
- Barclay v. Campbell, 704 S.W.2d 8 (Tex. 1986) (inherent risk in medical procedure linked to disclosure duty)
- Lewis v. Funderburk, 253 S.W.3d 204 (Tex. 2008) (timeliness and cure of deficient expert reports; extensions)