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Moreno v. Quintana

Whether or not the expert witness considered all, or part, of the appropriate evidence in coming to his expert opinions is a ripe subject for cross-examination. Such issues are for the fact finder alone, and therefore, cannot be properly addressed at summary judgment. Because there was no legal basis for the trial court's ruling, it abused its discretion by excluding the doctor?s affidavit on its stated basis. El Paso Court of Appeals, No. 08-06-00134-CV, 03-10-2010

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OPINION

Alfredo and Frances Moreno, on behalf of their daughter Bernadette Moreno, appeal the trial court’s orders granting summary judgments in favor of Dr. Joseph Quintana, M.D. and Del Sol Medical Center. We find that the trial court improperly granted both motions for summary judgment, and we reverse the court’s take-nothing judgments and remand the case for trial.

Bernadette Moreno arrived at Del Sol Medical Center in El Paso on February 11, 2003, in hypertensive crisis, under the care of Dr. Edward Juarez. Shortly after midnight, Ms. Moreno was transferred to the intensive care unit by Physician Assistant Roy Malphurs due to uncontrolled hypertension and respiratory distress. Her respiratory rate was between thirty-five and forty, with low oxygen saturation in her blood, and her blood pressure was recorded at 190/110. At 3 a.m., Nurse Ruddy re-recorded Ms. Moreno’s vital signs. According to her chart, Ms. Moreno’s blood pressure had risen to 205 over 126, her heart rate was 124 beats per minute, she had a respiratory rate of forty, and a blood oxygen saturation of 90 percent. Nurse Ruddy contacted Cardiologist Dr. Joseph Quintana to consult on Ms. Moreno’s case. Dr. Quintana returned Nurse Ruddy’s page at 3:30 a.m. He accepted the consultation for Ms. Moreno’s hypertension and ordered medication to reduce her blood pressure, but did not got to the hospital to examine her in person. Ms. Moreno’s blood pressure remained above desirable levels until between 5 and 5:30 a.m.

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