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Click here for the full text of this decision FACTS:Carroll Lee Copeland filed a medical malpractice suit against two doctors and one hospital for negligent care resulting in the death of his mother. The suit was filed on Aug. 15, 2002. Though Copeland had until Feb. 11, 2003, to file expert reports showing how each defendant failed to meet the applicable standard of care, he did not file any expert reports until March 6. In response to the defendants’ motions to dismiss, Copeland filed a motion requesting an extension of time to file his reports. He said he should have been granted a 30-day grace period because his failure to file the reports on time was not intentional. He provided affidavits indicating that there was confusion over existing files in Copeland’s record as it was transferred from one lawyer to another within the firm Copeland hired. The trial court denied the motion and further found that the report that was submitted was inadequate. The trial court dismissed the case with prejudice. HOLDING:Affirmed. Copeland’s only evidence showing an accident or mistake were the affidavits of his current attorneys, but he did not account for the conduct of his previous attorney. He did not negate intent or conscious indifference during that attorney’s stint. Furthermore, the new attorneys’ statement that they thought a report had already been filed was not reasonable because the report they found in the file did not fulfill the statute’s requirements for expert reports. The report did not set forth a standard of care applicable to one of the doctors or the hospital. OPINION:Morris, J.; Thomas, C.J., Morris and Whittington, JJ.

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