Supreme Court of Texas

In a wrongful death action against a hospital and a physician, claiming that defendants' negligence in failing to continue an antibiotic treatment following an abdominal surgery caused the patient's death, court of appeals' judgment in favor of the plaintiffs is reversed and remanded where: 1) plaintiffs failed to present legally sufficient evidence that the patient suffered from an infection the omitted antibiotics would have treated; and 2) the trial court abused its discretion in denying the physician's motion for sanctions and dismissal as the plaintiffs' expert report lacked any explanation linking the expert's conclusion to the relevant facts.

Appellate Information

• Argued 02/18/2010
• Decided 12/03/2010
• Published 12/03/2010

Judges

Court

• Supreme Court of Texas

Counsel