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Click here for the full text of this decision FACTS:Gary Jones sued Dr. Louise Watkins for an eye injury. As required by the medical malpractice statute, Jones filed an expert report. Watkins said the report was inadequate, and the trial court agreed, but the trial court gave Jones 30 days to correct the report. Jones filed a new report within the 30 days. Watkins did not object. The trial court then denied Watkins’ motion to dismiss. Watkins now filed for a writ of mandamus and for an interlocutory appeal on the ground that the trial court abused its discretion when it denied her motion to dismiss the case. HOLDING:Petition denied. The court first notes that though Watkins raises several examples where the trial court abused its discretion, Watkins has not supplied this court with a complete record to support her assertions. The court says its review is limited to whether the trial court abused its discretion in granting Jones the 30-day extension to file a proper expert report. Watkins argues that the trial court’s oral statement that Jones’ first report was “not an expert’s report as to the standard of care as required by statute at all,” means that the report could not have been an expert report that could have been fixed by a 30-day extension. The court disagrees, finding it “clear from the record and transcript” that the trial court implicitly determined that Jones’ original report was a good faith effort to comply with the statutory requirements. The court also notes that an amended report was filed on time, and Watkins did not object. OPINION:Valdez, C.J.; Valdez, C.J., Rodriguez and Castillo, J.J. DISSENT:Castillo, J. “Respectfully, I conclude that in this case, the medical narrative was not an objective good faith effort to comply with the statute. Thus, on proper motion to dismiss, the trial court had no discretion but to dismiss.”

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