[DOWNLOAD] "In Re Samonte" by Texas Tenth District Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Samonte
- Author : Texas Tenth District Court of Appeals
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In this mandamus proceeding, Miguel Samonte, Jr., M.D. complains of the trial courts denial of his motion to dismiss a medical malpractice suit. The motion challenged the sufficiency of the unsigned and undated expert report filed by the plaintiff below. The report also failed to met the minimum statutory requirements and did not reflect that the report was prepared by an expert capable of rendering an expert opinion regarding the applicable standard of care, failed to include the qualifications, training, experience, current or past employment or specialty of the testifying expert, is unsigned and undated. Relator raises the question of whether such a report, as tendered to the defendant, demonstrates a good faith effort on the part of plaintiff to comply with Tex. Rev. Civ. Stat. Ann. art 4590i, now Tex. Civ. Prac. & Rem Code Ann. § 74.001 et seq. Finding that the reports were filed in good faith, the trial court denied the motion to dismiss. We conditionally grant relief.
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