Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ngo v. Lewis

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MEMORANDUM OPINION

Kenneth Lewis and Destinie Lewis, individually and as parents and representatives of the estate of Ian Patrick Lewis, filed health care liability claims against Dr. Nancy Ngo, a pediatrician, Dr. Durga Annavajjhala, a neonatologist, and a number of other health care providers. Their suit alleges that Ian’s death was caused by the negligence of his various health care providers. Dr. Ngo and Dr. Annavajjhala filed separate motions to dismiss. Each motion to dismiss asserts that the Lewises’ expert report does not comply with section 74.351 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(l) (Vernon Supp. 2009). The trial court denied both motions to dismiss, and Dr. Ngo and Dr. Annavajjhala then perfected their interlocutory appeals from the trial court’s ruling.

Because the Lewises’ expert report does not comply with the requirements of Texas law, we reverse the trial court’s order, and we remand the case to the trial court. TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(r)(6) (Vernon Supp. 2009). Upon its receipt of the case, we instruct the trial court to enter an order dismissing the plaintiffs’ claims against Dr. Ngo and Dr. Annavajjhala, and to award reasonable attorneys’ fees and taxable court costs. Id. § 74.351(b) (Vernon Supp. 2009).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Litigation Attorneys - Cheshire-CT

Exciting Career Opportunities at Nuzzo & Roberts! Nuzzo & Roberts, a leading mid-sized insurance defense firm based in Cheshire, CT...


Apply Now ›
Go to Lawjobs