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Click here for the full text of this decision FACTS:Debra Chandler sued her physician, Dr. Balbir Singh, her pharmacist, John Lewis, and Wal-Mart (Lewis’ employer). She alleges the three were negligent in prescribing and dispensing a medication, Ultram, that prompted Lewis to have a seizure while she was driving, injuring her in the resultant accident. Chandler submitted an expert report from Diane B. Ginsburg addressing pharmacy services. Chandler also submitted an expert report from Dr. Lee A. Fischer, addressing the physician’s services and alleged causation from the pharmacy’s services. The trial court dismissed the suit due to deficiencies in her expert reports required by �13.01(e) of the medical-malpractice statute. HOLDING:Reversed. The court iterates that an expert report should be dismissed only if it does not represent a good-faith effort to comply with the statutory definition of an expert report. It must meet three requirements to be considered an expert report: 1. it must set forth an applicable standard of care, that is, what the defendant should have done; 2. it must indicate how the defendant breached that standard, which requires a fair summary of the care that was expected, but not given; and 3. it must contain information on causation, spelled out in more detail than a conclusory insight. The plaintiff must only make a good-faith attempt to provide a fair summary of the expert’s opinions in the expert report, the court adds. To constitute a good-faith effort, the report must provide enough information to fulfill two purposes: “1. it must inform the defendant of the specific conduct the plaintiff has called into question, and 2. it must provide a basis for the trial court to conclude that the claims have merit.” The court then delves into the reports themselves, quoting extensively from them. The court finds the three required elements relative to Lewis and Wal-Mart are established by Ginsburg’s report, supplemented by Fischer’s report. Even though the Ginsburg report misquotes the applicable Administrative Code rule for the pharmacy’s standard of care, the report substantially states the correct standard. “It states essentially that Lewis should have reviewed Chandler’s medication record, recognized Chandler’s increased risk of seizure if she took Ultram, and taken steps to avoid filling the Ultram prescription. That is sufficient to give the parties and the trial court notice of what Ginsburg believes should have been done.” Ginsburg’s report alleges that Lewis breached the standard by not reviewing Chandler’s medication record and not asking Chandler about her seizure disorder. Ginsburg also touches on causation � noting that literature links prior history with an increased risk of seizure when taking Ultram � and Fischer’s report adds more detail. Fisher’s report on Singh also meets the three standards. Singh was supposed to have been aware of Chandler’s seizure risk and to consider it when prescribing other medication. In fact, he did know of Chandler’s history of epilepsy, the report says, so Singh allegedly breached the standard by not taking her history into account when he prescribed Ultram. The report also links the use of Ultram to Chandler’s subsequent accident. “The reports together constitute a good-faith attempt to give a fair summary of the standard of care, the breach, and the cause of the injuries suffered as a result of that breach concerning the three defendants. Because the reports in this case are not conclusory and do not require inferences, the reports adequately fulfill the requirements of the statute. Therefore, the trial court had no discretion to conclude that the reports did not constitute a good-faith effort.” OPINION:Morriss, C.J.; Morriss, C.J., Ross and Carter, JJ.

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