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Medical Malpractice wrongful death action against a cardiologist and others |
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Plaintiffs filed a medical malpractice wrongful death action against a cardiologist and others in the Golden Triangle area. Member, Roger Oppenheim, challenged the timeliness of plaintiffs’ Chapter 74 expert report since the report was only filed with the court and not served on the Defendant in compliance with Tex. Civ. P. Rem. Code Sec. 74.351. Plaintiffs countered the challenge by raising constitutional and equity grounds. The defendant’s motion to dismiss was denied by the 172nd District Court of Jefferson County, Texas. The judge’s decision was appealed to the Beaumont Court of Appeals, which reversed and rendered in favor of the defendant doctor. The court’s opinion can be read in its entirety at 2007 Tex. App. LEXIS 4908. Also participating in the appeal was of counsel, Teresa Carver. |
