In 2009, there were several seminal cases in the area of Texas medical malpractice and Texas nursing home abuse litigation . In Dallas, the patient brought an action against both the physician and the physician’s assistant (PA) for their failure to follow up on a mass detected on a mammogram. It is important to note that the expert report on behalf of the plaintiff has to address the specific standard of care for both the doctor and the PA. In a Texas dental malpractice case out of Corpus Christi, the dentist allowed her assistant to remove the crown and grind the plaintiff’s teeth. The dentist was alleged to have committed malpractice by giving work to a non-dentist and keeping unsuitable dental records. In a Houston Texas Gynecology malpractice case, a woman experienced grave difficulties during childbirth and suffered serious personal injuries during childbirth. Under Texas law, the employer of the obstetrician has 21 days to object to the plaintiff’s expert report. By failing to object within the statutory timeframe, the employer waived his right to object to the report. Also, the injured mother’s claims against the obstetrician’s employer under respondeat superior and Texas Professional Association Act did not require a separate report to discuss negligence of the employer. In a Texas nursing home abuse case , the plaintiff sued on behalf of a family member who allegedly had been abandoned during Hurricane Rita leading to her death from dehydration and malnutrition. The Court ruled that such claims were considered Texas health care liability claims and required an expert report.
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