Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Harriet O'Neill
Eberhard Samlowski, M.D. v. Carol Wooten
from Johnson County and the 10th District Court of Appeals, Waco
For petitioner: Kay Ellington, Dallas
For respondent: Barney L. McCoy, Houston
The principal issue is whether a trial court must grant a 30-day extension to cure a deficient but arguably curable expert report in a medical-malpractice suit. In this case the trial court dismissed the suit with prejudice – barring refiling the suit – because the expert report did not adequately show how the alleged negligence proximately caused Wooten’s injuries. Wooten alleged Samlowski’s initial inaccurate diagnosis led to a second surgery and complications. The court determined the report was not a good-faith effort to comply with the expert-report requirement. The appeals court reversed to allow an extension to cure the report, holding that the expert report was not a good-faith effort but was a good-faith attempt to comply with the report requirement.
The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits.
Texas Supreme Court advisory
Contact: Osler McCarthy,
Staff Attorney for Public Information
(512) 463.1441 or email: firstname.lastname@example.org