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Expert Witness Reports Lacked Substance
In this interlocutory appeal, the Court of Appeals of Texas, Dallas, reversed the trial court's order denying the defendant hospital and doctors' motions to dismiss this medical malpractice suit, because plaintiffs' expert witness reports lacked opinions as to the standard of care, its breach and causation, and were therefore deficient under Texas law. Baylor University Medical Center v. Biggs, '- S.W.3d ”, 2007 WL 2421504 (Tex.App.-Dallas,8/28/2007).
In May 2004, a patient with a history of incarceration and other risk factors died, and his family donated his organs for transplant. Dr. Srinath Chinnakotla, a transplant surgeon at Baylor University Medical Center, flew to Texarkana, TX, hospital, where the donor had died, to harvest his kidneys for transplantation at Baylor. On May 4, Dr. Edmund Sanchez, also a transplant surgeon at Baylor, performed surgery to transplant one of the donor's kidneys into Cheri Biggs. Just over a month later the patient died from what the parties agreed were complications of her receipt of the donor's rabies-infected kidney.
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