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Torts No. 13-01-539-CV, 4/24/2003. Click here for the full text of this decision FACTS: This is an appeal of a no evidence summary judgment rendered against the plaintiffs in a medical malpractice case. HOLDING: Affirmed. The only document produced by the appellants in response to the appellee’s motion for summary judgment was Dr. Patrick McAllister’s report. This document was neither verified nor accompanied by an affidavit. As such, it did not constitute admissible evidence as required by the rules of civil procedure. Texas Rule of Civil Procedure 166a(e). Therefore, the trial court properly granted summary judgment in favor of the appellee. Moreover, even if the court considered McAllister’s report as competent summary judgment evidence, the report itself fails to constitute more than a scintilla of probative evidence as required to defeat a no evidence motion for summary judgment. To raise a fact issue sufficient to defeat summary judgment in a medical-malpractice action, the plaintiff’s controverting expert should specifically identify the standard of care, establish the expert’s familiarity with that standard, and explain why the treatment rendered by the defendant health-care provider breached the applicable standard. Hightower v. Saxton, 54 S.W.3d 380 (Tex. App.-Waco 2001, no pet.). McAllister’s report, as the only summary judgment evidence, wholly fails to establish his familiarity with the standard of care. Although appellants cite to a different affidavit filed during another proceeding in the trial court, and claim that this other affidavit sets out McAllister’s experience in family practice, this second affidavit was not produced in response to summary judgment. This second affidavit was not even incorporated by reference into the appellants’ response to the motion for summary judgment. Therefore, McAllister’s report itself fails to raise a fact issue sufficient to defeat summary judgment. The appellee also contends that McAllister’s report was incompetent summary judgment evidence because McAllister was not qualified to give an opinion regarding the appellee’s conduct. McAllister’s report does not address his qualifications to discuss the applicable standard of care. The objection to the failure of an expert’s affidavit to disclose the expert’s qualifications goes to the substance of the affidavit and may be considered by this Court. Trusty v. Strayhorn, No. 06-01-122-CV (Texarkana Sept. 13, 2002, no pet. h.). Thus, McAllister’s report is also deficient insofar as it fails to address McAllister’s qualifications to testify. OPINION: Valdez, C.J.; Valdez, C.J., Rodriguez and Dorsey, JJ.

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