Ted Smith, D.O. And Austin Regional Clinic, P.A. v. Janet Lynn Wilson
2012 Tex. App. LEXIS 291
| Tex. App. | 2012Background
- Aug. 6, 2007, Harris consulted Dr. Smith for depression; no follow-up visit was scheduled.
- Sept. 5, 2007, Harris committed suicide after the prescription of fluoxetine.
- Wilson sued Smith and ARC alleging malpractice in prescribing fluoxetine and failure to schedule follow-up, with vicarious liability asserted against ARC.
- Wilson served an expert report by Dr. Maltsberger under Tex. Civ. Prac. & Rem. Code § 74.351; report linked standard of care, breach, and causation.
- An amended report added causation and details but retained essentially the same core opinions; Maltsberger narrowed the age group to adolescents in discussing suicide risk.
- Trial court denied dismissal; on appeal, the court reversed and remanded for dismissal and determination of attorney’s fees under § 74.351(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expert report satisfies § 74.351(l) requirements | Wilson argues the report provides a fair summary of causal relation. | Smith/ARC contend the report is conclusory and fails to link breach to Harris’s suicide. | The report is inadequate; dismissal required. |
| Whether amended report cures initial deficiencies | Amended report adds causation details tying breach to suicide. | Amended report still insufficient to show how breach caused death. | Amendment does not cure deficiencies; dismissal proper. |
| Whether ARC is vicariously liable given deficient doctor-focused report | ARC is liable via agency theory if doctor’s conduct breaches standard. | Liability remains dependent on doctor’s conduct and the report against ARC is deficient. | Because report against Smith is deficient, ARC’s liability cannot be sustained. |
| Whether the causation linking breach to Harris’s suicide is adequately explained | Report asserts fluoxetine worsened condition and caused suicide. | Report fails to explain how information would have changed Smith’s decision; causation not shown. | Causation not adequately explained; insufficient under statute. |
| Whether the misalignment of age (adolescent vs. young adult) undermines the report | Relationship between fluoxetine and suicide extends to Harris as a young adult. | Findings focused on adolescents do not apply to Harris (23-year-old). | Age-specific generalization undermines causation analysis; report deficient. |
Key Cases Cited
- American Transitional Care Centers of Texas, Inc. v. Palacios, 46 S.W.3d 873 (Tex. 2001) (standard for sufficiency of expert report; requires specific basis linking to facts)
- Bowie Memorial Hospital v. Wright, 79 S.W.3d 48 (Tex. 2002) (requires expert report to explain basis linking standard, breach, causation)
- Taylor v. Fossett, 320 S.W.3d 570 (Tex. App.—Dallas 2010) (insufficient report lacking factual explanation of causation)
- Estorque v. Schafer, 302 S.W.3d 19 (Tex. App.—Fort Worth 2009) (gaps where physician’s actions caused or worsened injury not shown)
- Johnson v. Willens, 286 S.W.3d 560 (Tex. App.—Beaumont 2009) (need for linking facts to expert conclusions)
- Wright v. Bowie Memorial Hosp., 79 S.W.3d 53 (Tex. 2002) (link between asserted breach and claimed injury must be explained)
- Bakhtari v. Estate of Dumas, 317 S.W.3d 486 (Tex. App.—Dallas 2010) (more detailed causation and ongoing monitoring discussion than present)
- Kettle v. Baylor Medical Center, 232 S.W.3d 832 (Tex. App.—Dallas 2007) (defense of vicarious liability dependent on doctor’s conduct)