Joyce O'Neal, Individually and as the Representative of the Estate of Timothy O'Neal, And on Behalf of Raymond O'Neal and Allison O'Neal, Minor Children T.J. O'Neal and Erin Self v. Peter Coldwell, M.D., Bruce E. Wheeler, M.D., P.A. and Internal Medicine

• Court: Court of Appeals of Texas
• Decided: July 21, 2005
• Docket: 13-04-00258-CV
• Status: Published

Opinion

                             NUMBER 13-04-258-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

JOYCE O=NEAL, INDIVIDUALLY

AND AS REPRESENTATIVE OF THE

ESTATE OF TIMOTHY O=NEAL, DECEASED;

AND ON BEHALF OF RAYMOND O=NEAL

AND ALLISON O=NEAL, MINOR CHILDREN;

T.J. O=NEAL AND ERIN SELF,                                     Appellant,

                                           v.

PETER COLDWELL, M.D.,                                           Appellee.

On appeal from the 24th District Court of Refugio County, Texas.

            DISSENTING MEMORANDUM OPINION

                   Before Justices Yañez, Castillo, and Garza

          Dissenting Memorandum Opinion by Justice Castillo

I respectfully dissent.  I would hold that, by its ruling, the trial court did not abuse its discretion because, among other things, the expert report omits the standard of care and, thus, does not meet statutory requirements. See Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 879 (Tex. 2001).    

ERRLINDA CASTILLO

Justice

Dissenting Memorandum Opinion delivered

and filed this 21st day of July, 2005.