Samlowski v. Wooten
332 S.W.3d 404
Tex.2011Background
- Wooten sued Dr. Samlowski for medical negligence; 120-day expert report deadline.
- Patman’s report, served 105 days after filing, was deficient on causation analysis and link to injury.
- Trial court dismissed after denying a 30-day extension to cure the deficient report.
- Court of Appeals reversed, remanding to allow a cure extension, but on different rationale.
- Texas Supreme Court remanded to trial court for further proceedings, modifying its judgment; no single majority reasoning on the extension standard.
- Court emphasizes that 74.351(c) extension is discretionary and should be applied to preserve meritorious claims while discarding frivolous ones.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused its discretion in denying a cure extension | Wooten's report could be cured with a 30-day extension | Samlowski argues denial was appropriate given deficiencies | Remand to trial court for further proceedings; standard not settled by majority |
| What standard governs appellate review of extension decisions | Review should be de novo for extension decisions | Review should be abuse of discretion | Tex. Supreme Court adopts de novo aspects for consistency; remand outcome remains |
| Appropriate remedy when extension denial occurs | Court should… allow cure and avoid dismissal if meritorious | Dismissal may be proper when report is deficient | Remand with guidance to determine cureability and potential meritorious claims |
Key Cases Cited
- Leland v. Brandal, 257 S.W.3d 204 (Tex. 2008) (balance between eradicating frivolous claims and preserving meritorious ones)
- Bowie Mem'l Hosp. v. Wright, 79 S.W.3d 48 (Tex. 2002) (deficient report must be non-conclusory and connected to standards and causation)
- Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873 (Tex. 2001) (good faith effort standard for adequacy of an expert report; informs extension decision)
- Walker v. Gutierrez, 111 S.W.3d 56 (Tex. 2003) (predecessor framework for assessing extensions under older statute)
- Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2007) (deficient report vs absent report; extension eligibility depends on deficiencies)