Lopez v. Brown, 356 S.W.3d 599

Brown sued Lopez for medical malpractice for a November 2008 finger surgery.
Brown timely served an expert report by Pederson; Lopez moved to dismiss alleging insufficiency.
Trial court granted a 30-day extension to cure the defects, via an October 18, 2010 written order.
Lopez then filed a second motion to dismiss asserting untimely service of a new or amended report after Pederson’s report.
Faillace, Brown’s new expert, served on October 6, 2010; Lopez objected to Faillace’s causation opinions.
Trial court denied the second motion to dismiss on November 2, 2010; Lopez appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Faillace report was timely filed	Lopez argues Faillace untimely under 74.351(c).	Lopez contends extension runs from August 23 notice date; Faillace late.	Faillace timely; notice must be in written order, and October 18, 2010 order shows timing.
Whether Faillace report adequacy satisfies 74.351(r)(6)	Faillace addresses causal theory linking Lopez's deviation to damages.	Faillace may not address all damages but must cover at least one theory.	Faillace adequately addresses at least one liability theory; report suffices.

American Transitional Care Centers of Texas, Inc. v. Palacios, 46 S.W.3d 873 (Tex. 2001) (abuse-of-discretion standard for 74.351 dismissal)
Group v. Vicento, 164 S.W.3d 724 (Tex. App.-Houston [14th Dist.] 2005) (discretion in applying 74.351 extensions)
Larson v. Downing, 197 S.W.3d 303 (Tex. 2006) (abuse-of-discretion review guidance)
Memorial Hermann Healthcare System v. Burrell, 230 S.W.3d 755 (Tex. App.-Houston [14th Dist.] 2007) (discretionary dismissal standards)
Bowie Memorial Hospital v. Wright, 79 S.W.3d 48 (Tex. 2002) (per curiam review of trial court decisions)
In re Jorden, 249 S.W.3d 416 (Tex. 2008) (definition of health care liability claim)
Baylor College of Medicine v. Pokluda, 283 S.W.3d 110 (Tex. App.-Houston [14th Dist.] 2009) (adequacy of expert reports addressing at least one theory)