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Click here for the full text of this decision FACTS:Adam Fraley sued Dr. Gary Brown and Brown’s professional association for failure to timely diagnose Fraley’s testicular cancer. As required by the medical-malpractice statute, Fraley filed a report by Dr. Badrinath Konety, which Brown said was insufficient. Brown filed a motion to dismiss the suit on the basis of the report’s insufficiency. Though initially asserting that the report was sufficient, Fraley also asked that he be granted a 30-day grace period, because he mistakenly thought the report did comport with the statute. The trial court agreed that the report was insufficient but nonetheless granted Fraley’s motion for a grace period. Brown files for a writ of mandamus compelling the trial court to vacate its order allowing for a grace period. HOLDING:Writ conditionally granted. The court notes that Konety’s report details the progression of Fraley’s medical complaints, diagnosis and treatment. Though Konety says he was familiar with the standard of care, he does not spell out what that standard is. The court finds that merely inserting the words “standard of care” is not enough to establish the standard. Therefore, Konety’s report omitted the standard of care, which the medical malpractice statute requires to be included. Because Konety’s report omitted a critical element, it doesn’t matter that Fraley and/or his attorney thought the report comported with the statute. If the report was insufficient, the trial court was required to dismiss it; it was not authorized to grant a grace period. OPINION:Phil Johnson, C.J.; Johnson, C.J., Reavis and Campbell, JJ.

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