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.

Anders Brief Denied – Affirmed

  • In the Interest of D.F. and A.F.
    • 091800043CV, 2018 WL 3384505
    • 1st District Court of Jasper
    • Justice Johnson, July 12, 2018
  • Parents of the children appeal from an order terminating parental rights. Appellants’ court-appointed counsel submitted a brief contending that there are no meritorious ground to be advanced on appeal and filed a motion to withdraw as counsel.
  • The Ninth Court agreed that any appeal would be frivolous but denied the motion to withdraw because an attorney’s duty extends through the exhaustion or waiver of all appeals, including an appeal to the Supreme Court of Texas.