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Birdwell v. Texarkana Memorial Hospital12/12/2003
he standard of care by not providing restraints. The report provides that, had Wadley not breached the standard of care, Birdwell's fall "more likely than not" could have been prevented. In addition, the report provides a link between Wadley's negligence and Birdwell's specific injuries where it states that " s a result of the fall and multiple intracranial hemorrhages, the patient was left obtunded and with a left hemiplegia."
This report specifically states what Wadley should have done and what happened because it failed to do it. The statement of causation is not a conclusion or a statement of a mere possibility, as in Wright, but is a positive statement of fact: Had Wadley used restraints as an additional fall protection, it is more likely than not Birdwell would not have fallen and suffered intracranial hemorrhages and a left-sided paralysis. See Moore, 107 S.W.3d at 790-91 (finding causation statement in expert report that provided " ad the diagnosis of bile peritonitis been made before discharge from the hospital, treatment would have prevented the patient's death," was not conclusion, but positive statement of fact).
Conclusion
We find the expert's report gave Wadley fair notice of what Thigpen considers the standard of care, how Wadley breached that standard, and how that breach caused Birdwell's injuries. We therefore reverse the judgment and remand the case to the trial court for further proceedings consistent with this opinion.
Date Submitted: December 4, 2003
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