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Click here for the full text of this decision FACTS:The appellants, Corina Bustillos and Virginia Bustillos, as survivors and heirs-at-law of the estate of Raquel Arriola, deceased, and the estate of Raquel Arriola appealed from the dismissal of their medical malpractice claim against the appellee, Patricia Rowley M.D., In the suit, appellants asserted claims against Rowley for negligent emergency physician care and treatment of their mother, Raquel Arriola, which appellants alleged caused her death. Appellants contend that the trial court erred in granting Rowley’s motion to dismiss because Rowley waived her statutory right to challenge the adequacy of the expert reports and the two expert reports provided by appellants satisfied the requirements under the former Texas Medical Liability and Insurance Improvement Act. HOLDING:Reversed and remanded. In their first issue, appellants argue that Rowley waived her right to complain about the adequacy of expert reports because she declared she had no interest in the outcome of dismissal proceedings brought by Tenet Hospitals Limited, a similarly situated co-defendant, in its petition for mandamus relief. Appellants contend that by her conduct, specifically, making certain statements in a letter brief filed with the court in reply to Tenet’s mandamus proceedings, coupled with her lengthy delay in filing her motion to dismiss, Rowley impliedly waived her statutory right to challenge the expert reports in this case. The court disagrees and concludes that Rowley’s actions were not inconsistent with an intent to assert her right to challenge the sufficiency of the expert reports. The court notes that co-defendant Tenet filed a motion to dismiss and for sanctions, in which it challenged the adequacy of the reports of appellants’ two medical experts. Rather than seek dismissal, Rowley and co-defendant Staff Care Inc. agreed with appellants to extend the deadline to file expert reports. The court reasons that Rowley’s decision not to file a motion to dismiss contemporaneously with Tenet or to join Tenet in its motion was not inconsistent with an intent to later assert her right to dismissal. Rather, the court finds that Rowley’s conduct indicates an attempt to obtain additional information with respect to the merits of the claims asserted against her before seeking dismissal of the suit. In their second issue, appellants argue that the trial court abused its discretion in granting Rowley’s motion to dismiss because appellants’ expert reports, satisfied the requirements of the act. Specifically, appellants assert that the reports, taken together, adequately addressed all the required elements of the act in order to inform the trial court that their claim was not frivolous. The concludes that while the first report sufficiently explained the applicable standard of care and the manner in which the doctor and hospital staff allegedly breached the standard of care, it wholly failed to address the causal relationship between the breach and Arriola’s death. However, as to the second report, the court concludes that it constitutes a good faith effort to comply with the statutory definition of an expert report. Therefore, the court holds that the trial court abused its discretion in dismissing the case and sustains appellants’ second issue. OPINION:Chew, J.; Barajas, C.J., McClure, and Chew, JJ.

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