X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Michael and Linda Chisholm appeal an order dismissing their suit against Barry Maron, M.D. The latter had moved for dismissal because the Chisholms allegedly failed to timely serve him with an expert’s report as per �13.01(d)(1) of the Texas Revised Civil Statutes. The trial court agreed with Maron, and granted the motion. On appeal, the Chisholms assert three points of error. The first concerns whether Maron acted timely. The second and third involve whether the court acted prematurely or upon “testimony given by the Plaintiffs’ expert.” We overrule each and affirm the order of dismissal.

Background

On March 11, 1997, the Chisholms filed suit against Maron alleging medical malpractice resulting in an injury to Michael. The injury allegedly consisted of trauma to his right sciatic nerve which occurred during hip replacement surgery. Maron filed a motion to dismiss the action on January 21, 1999, contending that the Chisholms failed to timely comply with �13.01 (a) and (d) of the Texas Medical Liability and Improvement Act (the Act). That is, Maron contended that they had not timely furnished him with an expert’s report summarizing the supposed malpractice committed by him. The Chisholms sought and received a thirty day extension of time to file the report. Within that extended period, the Chisholms filed what they apparently considered to be a report and resume satisfying the Act. Maron thought otherwise and again moved to dismiss. Through his motion, he urged that the report failed to show that the person opining about Maron’s supposed negligence “possessed the qualifications” of an expert. The trial court set the matter for hearing and subsequently granted the motion and dismissed the suit.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

GlobeSt. ELITE Women of Influence 2022 (WOI)

July 25, 2022 - July 27, 2022
Park City, UT

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Commercial Finance Associate (Flexible location)


Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...


Apply Now ›

Litigation Associate


A highly regarded Orlando litigation boutique is seeking a business litigation associate with a minimum of two years of experience. The cand...


Apply Now ›

Commercial Litigation Associate


Duane Morris LLP has an opening in its San Francisco office for a commercial litigation associate to join its team. The ideal candidate wil...


Apply Now ›

RAYNES & LAWN

06/29/2022
TLI Web

Raynes & Lawn is proud to congratulate Harold I. Goodman on the prestigious honor of Lifetime


View Announcement ›

MCCORMICK & PRIORE, P.C.

06/23/2022
TLI Web

IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.


View Announcement ›

STARR GERN DAVISON & RUBIN

06/20/2022
NJLJ Web

Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.


View Announcement ›