Thomas C. Binzer, M.D., and Thomas C. Binzer, M.D., P.A. v. Joseph E. Alvey, Jr., 359 S.W.3d 364

Appellee sued Appellants for negligence in treating a MRSA infection after shoulder surgery.
Appellee alleged eight specific theories of liability against Dr. Binzer and his practice group.
Appellee timely served an expert report on May 13, 2011.
Appellants moved for partial dismissal on June 22, 2011, more than 21 days after service.
The trial court denied the motion; the court of appeals ultimately affirmed based on waiver of objections under §74.351(a).
The court held the report was deficient but curable for some theories, and that failure to timely object to all deficiencies waives those objections.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the report is deficient for failing to address all theories.	Binzer argues the report omits several theories.	Alvey argues the report is sufficient as to some theories and objection is waivable.	Deficient but curable; not a total failure.
Whether objections to deficient theories were waived for lack of timely objections.	Binzer contends timely objections were not required for all theories.	Alvey argues timely objections were necessary to preserve any complaint.	Waived objections due to failure to timely object to all deficiencies.
Whether the trial court properly denied the motion for partial dismissal.	Motion sought dismissal for theories not adequately addressed.	Waiver of objections precludes dismissal on those grounds.	Affirmed trial court’s denial.

Windsor v. Maxwell, 121 S.W.3d 42 (Tex. App. Fort Worth 2003) (expert report must address each theory of liability (waiver analysis dependent on §74.351(a)))
Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2007) (deficient but curable reports; failure to object results in waiver)
Neason v. Buckner, 352 S.W.3d 254 (Tex. App.—Houston [14th Dist.] 2011) (plain-language waiver requirement—objects to all alleged deficiencies within 21 days)