Chapter 74 Expert Reports – Affirmed

  • Ahmed and Diagnostic Group v. Murphy
    • 09-18-00105-CV, 2018 WL 3911036
    • 58th District Court of Jefferson County
    • Justice Horton, Aug. 16, 2018
  • Murphy sued Dr. Raees Ahmed and the Diagnostic Group for an alleged failure to properly diagnose and treat a heart failure. Murphy asserted a healthcare liability claim under the Texas Medical Liability Act.
  • Defendants filed a motion to dismiss, arguing that Murphy’s Chapter 74 expert reports were conclusory and failed to sufficiently demonstrate causation. The trial court denied the motion to dismiss.
  • The Ninth Court held that the reports contained adequate explanations and causal links to meet the minimum standards of Chapter 74 of the Texas Practice and Remedies Code.

Chapter 74 Expert Reports – Affirmed

  • Golden Years Assisted Living v. Richard
    • 09-17-00251-CV, 2018 WL 3384500
    • 128th District Court of Orange County
    • Justice Johnson, July 12, 2018
  • Priscilla alleges negligent care or treatment of her husband after being admitted to Golden Years and New Century Hospice.
  • To support her case, Plaintiff provided expert reports of a registered nurse and a plastic surgeon. Defendants filed motion to dismiss for failure to file adequate expert reports under Chapter 74 of the Texas Civil Practice and Remedies Code for healthcare liability claims, claiming that the reports were conclusory as to causation.
  • In response, Plaintiffs argued that causation was adequately addressed and the reports met the requirements of Chapter 74. Addendum reports were filed to supplement standards of case, after which Defendants filed a second motion to dismiss.
  • The Ninth Court held that when evaluating a report under Chapter 74, the report must demonstrate causation only beyond mere conjecture. The reports provided a basis for the trial court to concluded that the threshold requirements of Chapter 74 were met and the Plaintiff’s claim asserted a viable liability theory with merit. No abuse of discretion.