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Verdicts

BY ALM Staff
September 26, 2012

TX Statute Renders Expert Report Indispensible, Even for Non-Medical Claim

Even though the plaintiffs' claims did not sound in medical malpractice, Texas' Medical Liability Act required them to provide the hospital defendant with an expert report or face dismissal. CHCA Bayshore L.P. v. Ramos, 2012 Tex. App. LEXIS 5780 (7/19/12).

A woman and her husband sued the hospital at which she underwent a dilation and curtilage procedure after their 12-week-old fetus died. The fetal tissue was sent to a lab for tests after the procedure, but the doctor agreed to return it to the plaintiffs for burial as soon as those tests were completed. The pathology department turned over a specimen to the funeral home representative who went to the hospital at the plaintiffs' request, but it turned out later to be the wrong specimen. It was buried, then exhumed. The plaintiffs were later able to bury their lost child.

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