Supreme Court of Texas

In plaintiff's suit against a hospital and a treating physician for the death of plaintiff's mother from a pulmonary embolism following surgery, court of appeals' affirmance of trial court's dismissal of the suit and denial of defendants' motion for attorney's fees is reversed and remanded where: 1) there is some evidence of reasonable attorney's fees and some evidence that the physician incurred attorney's fees; 2) section 74.351(b) mandates an award of attorney's fees and costs, when expert reports are not served timely.

Appellate Information

• Argued 01/21/2010
• Decided 08/27/2010
• Published 08/27/2010

Judges

• MEDINA

Court

• Supreme Court of Texas

Counsel