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Torts No. 02-02-067-CV, 5/1/2003. Click here for the full text of this decision FACTS: In this appeal, appellants Leonard Wesley Alphin, individually and as administrator of the estate of Inez Beatrice Alphin, deceased, and Larry Paul Alphin, individually, challenge the trial court’s dismissal of all their claims against appellee Huguley Nursing Center under article 4590i of the Texas Medical Practices and Liability Act. HOLDING: Affirmed. On July 27, 2000, the appellants filed a healthcare liability claim against the appellee for the injuries and death of Inez Alphin, which occurred while in the appellee’s nursing home. In addition to their claims for negligence and wrongful death, the appellants asserted claims for malice and gross negligence, civil conspiracy and fraud alleging a “knowing violation” of Texas Penal Code �22.04. The appellants sought compensatory damages and exemplary damages for their claims. The appellants filed an expert report dated Sept. 21, 1999, prepared by Bill H. Puryear, D.O., P.A., and the appellants filed an affidavit/expert report dated Dec. 15, 2000, by the same physician containing the same information, but purporting to add his curriculum vitae. In September 2001, the appellee filed a motion to dismiss under article 4590i for failure to timely provide an adequate expert report to the appellee. The trial court held a hearing on the motion to dismiss on Nov. 9, 2001, and ruled in favor of the appellee. The trial court entered an order granting the appellee’s motion to dismiss on Nov. 15, 2001, and signed an order of dismissal on Dec. 6, 2001. Expert reports are required to reflect a “fair summary of the expert’s opinions about the applicable standard of care, the manner in which the care failed to meet that standard, and the causal relationship between that failure and the claimed injury.” The court is to look to the four corners of the document to determine whether the report represents a good-faith effort to comply with these statutory requisites. In this case, the court concludes the trial court did not abuse its discretion in ordering a dismissal under �13.01(e)(3). As asserted in thr appellee’s motion to dismiss, the reports failed to set forth the standard of care for a nursing home, how appellee allegedly breached that standard, or the causal relationship between a breach of that standard and the decedent’s injuries. Likewise, neither report represents a good-faith effort to provide a fair summary of all the elements required by ��13.01(l) and 13.01(r)(6). Neither report informs the appellee of the specific conduct the appellants have called into question or provides a basis for the trial court to conclude the claims have merit. OPINION: Livingston, J.; Day, Livingston, and Dauphinot, JJ.

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