Gonzalez v. El Paso Hospital District

68 S.W.3d 712, 2001 Tex. App. LEXIS 3960, 2001 WL 665002
CourtCourt of Appeals of Texas
DecidedJune 14, 2001
Docket08-99-00077-CV
StatusPublished
Cited by22 cases

This text of 68 S.W.3d 712 (Gonzalez v. El Paso Hospital District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. El Paso Hospital District, 68 S.W.3d 712, 2001 Tex. App. LEXIS 3960, 2001 WL 665002 (Tex. Ct. App. 2001).

Opinions

OPINION ON REHEARING

BARAJAS, Chief Justice.

We issued our original opinion in this case on April 20, 2000. Appellants, Teresa and Richard Gonzalez, subsequently filed a Motion for Rehearing. We grant Appellants’ Motion for Rehearing, withdraw our opinion of April 20, 2000, and substitute the following in its stead.

This is an appeal from an order dismissing Appellants’ medical malpractice complaint with prejudice due to a failure to [714]*714include statements pertaining to causation in an expert report pursuant to Tex.Rev. Civ. Stat. Ann. art. 4590i, § 13.01 (Vernon Supp.2001). For reasons set forth below, we affirm the judgment of the lower court.

I. SUMMARY OF THE EVIDENCE

In January 1995, Teresa Gonzalez was admitted to R.E. Thomason General Hospital for the delivery of her baby. Soon after the birth, the child died. On December 30, 1996, Teresa and Richard Gonzalez (“Gonzalez”) sued the healthcare providers who assisted in the delivery. Gonzalez alleged that the death of their child was attributable to the failure of the healthcare providers to properly respond to certain warning signs which occurred prior to the birth. Gonzalez alleged that as a result of such failure, the baby was born in distress and died soon after.

Gonzalez’ case was dismissed with prejudice on December 18, 1998. As grounds for the dismissal, the order states:

After considering the evidence and argument of counsel, the Court finds as the sole reason for granting this dismissal that Plaintiffs’ experts report does not establish a causal [connection] between the Defendants’ alleged failure to meet applicable standards of care and the injury, harm or damages claimed, within one hundred and eighty days of filing suit requires dismissal of this case pursuant to Article 4590i, § 13.01(e)(3), Tex. Rev.Civ. Stat. Ann.

Gonzalez now brings this appeal.

II. DISCUSSION

Appellants raise three issues on appeal: (1) whether the trial court abused its discretion in dismissing their medical malpractice cause of action due to the failure to submit an expert report as defined by statute; (2) whether Appellees filed their motion to challenge the expert report in a timely manner; and (3) whether it was proper to dismiss “with prejudice.”

With regard to Issue No. One, Tex.Rev. Civ. Stat. Ann. art. 4590i, § 13.01(d) (Vernon Supp.2001) states:

Not later than the later of the 180th day after the date on which a health care liability claim is filed or the last day of any extended period established under Subsection (f) or (h) of this section, the claimant shall, for each physician or health care provider against whom a claim is asserted: (1) furnish to counsel for each physician or health care provider one or more expert reports, with a curriculum vitae of each expert listed in the report; or (2) voluntarily nonsuit the action against the physician or health care provider.
An “expert report” is specifically defined as:
[A] written report by an expert that provides a fair summary of the expert’s opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.
Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(r)(6) (Vernon Supp.2001).

Subsection 13.01(e) provides that if a claimant fails to comply with Subsection 13.01(d), upon motion of the “affected physician or healthcare provider,” the court shall enter the following sanctions against the claimant:

(1) the reasonable attorney’s fees and costs of court incurred by that defendant; (2) the forfeiture of any cost bond respecting the claimant’s claim against that defendant to the extent necessary to pay the award; and (3) the dismissal [715]*715of the action of the claimant against that defendant with -prejudice to the claim’s refiling.
Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(e) (Vernon Supp.2001) (emphasis added).

Subsection 13.01(Z), however, limits, to a certain extent, a court’s power to dismiss a case. That section states, “A court shall grant a motion challenging the adequacy of an expert report only if it appears to the court, after hearing, that the report does not represent a good faith effort to comply with the definition of an expert report in Subsection 13.01(r)(6) of this section.” Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(0 (Vernon Supp.2001). Thus, a claimant who files an expert report which lacks a fair summary of the expert’s opinion regarding (1) the standard of care, (2) the manner in which the healthcare provider failed to measure up to the standard of care, and (3) the causal relationship between the breach of the standard of care and the injury, shall have such claim dismissed if, after conducting a hearing on the issue, the trial court determines that the report does not represent a good faith effort to provide the required information. See Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(r)(6) (Vernon Supp.2001); TexJRev. Civ. Stat. Ann. art. 4590i, § 13.01© (Vernon Supp.2001).

A. Standard of Review

We review a Section 13.01 dismissal under an abuse of discretion standard of review. See American Transitional Care Centers of Texas, Inc. v. Palacios, 46 S.W.3d 873, 877-78 (Tex.2001). From the outset we note that “A [party] who attacks the ruling of a trial court as an abuse of discretion labors under a heavy burden.” Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985) (orig.proceeding). The test for abuse of discretion is not whether, in the opinion of this Court, the facts present an appropriate case for the trial court’s actions. Rather, it is a question of whether the court acted without reference to any guiding rules and principles. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985), cert. denied, 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986); Hallmark v. Hand, 885 S.W.2d 471, 475 (Tex.App.—El Paso 1994, writ denied). Another way of stating the test is whether the act was arbitrary or unreasonable. Downer, 701 S.W.2d at 242 (citing Smithson v. Cessna Aircraft Co., 665 S.W.2d 439, 443 (Tex.1984)); Hallmark, 885 S.W.2d at 475. The mere fact that a trial court may decide a matter within its discretionary authority in a different manner than an appellate judge in a similar circumstance does not demonstrate that an abuse of discretion has occurred. See Downer, 701 S.W.2d at 242 (citing Southwestern Bell Telephone Co. v. Johnson, 389 S.W.2d 645, 648 (Tex.1965)).

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Bluebook (online)
68 S.W.3d 712, 2001 Tex. App. LEXIS 3960, 2001 WL 665002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-el-paso-hospital-district-texapp-2001.