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Click here for the full text of this decision FACTS:Ricardo Rangel died from cardiac arrest shortly after undergoing surgery for carpal tunnel syndrome. Rangel’s mother sued Dr. Miguel Samonte Jr., the anesthesiologist on Rangel’s surgery, for medical malpractice. The mother filed a report prepared by Dr. “George Mychaskiw II. DO, Professor and Clinical Director, Department of Anesthesiology, University of Mississippi School of Medicine.” The report did not include Mychaskiw’s curriculum vitae, nor did it discuss his training, experience or his qualifications for rendering an opinion on the standard of care. It does not state whether Mychaskiw has ever worked or is currently working in the anesthesiology field. Samonte moved to dismiss the mother’s claim based on the inadequacy of the report under the Medical Liability and Insurance Improvement Act. The trial court denied Samonte’s motion, finding that the mother had made a good-faith effort to comply with the statute because the report “provides for a first summary of the report.” Samonte now files for a writ of mandamus to compel the trial court to dismiss the lawsuit. HOLDING:Writ conditionally granted. The court notes that the Legislature has made clear that the requirements for a report filed under the MLIIA must be strictly complied with. The court finds that there is not a curriculum vitae in the appellate record, even though the trial court said that one was filed. The court agrees that a copy of the curriculum vitae of the expert must be provided as an attachment to the report and notes that the document should appear in the appellate record but does not. Consequently, Mychaskiw’s qualifications must be ascertained within the four corners of the report. The report does not contain any information to describe Mychaskiw’s qualifications. The report is not on letterhead, it is not signed, and it is not even dated. There is no discussion of Mychaskiw’s training or experience or explanation of why he’s qualified to render an expert opinion. “From the four corners of the report, we find no basis for a conclusion that Mychaskiw’s training or experience qualify him to offer an expert opinion on the standard of care for the use of anesthesia during a surgical procedure. That being the case, the report is not an expert report within the requirements of [MLIIA] Section 13.01.” As Samonte has no other adequate remedy at law, mandamus relief is appropriate. OPINION:Richard Barajas, C.J.; Barajas, C.J., McClure and Chew, JJ.

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