 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Puls v. Columbia Hospital at Medical City Dallas Subsidiary11/25/2002
This is a medical malpractice case. In a single point of error, Mary Puls, individually and on behalf of the Estate of Richard J. Puls, M.D., deceased; Alan Puls, M.D.; Larry Puls, M.D.; and Gloria Gaschler contend that the trial court erred in dismissing their claims against Columbia Hospital at Medical City Dallas Subsidiary, L.P. d/b/a Medical City of Dallas (Medical City) after they provided an expert report within 180 days of adding to an existing suit health care liability claims against certain nurses who were employees of Medical City. See Tex. Rev. Civ. Stat. Ann. art. 4590i, ยง 13.01 (Vernon Supp. 2003) (Medical Liability and Insurance Improvement Act, or the Act). Because the 180-day deadline for filing an expert report begins to accrue from the filing date of the health care liability claim to which it is relevant, we reverse and remand this case to the trial court for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
Appellants filed suit against Medical City and others on August 8, 2000, alleging that certain physicians and hospital personnel negligently performed coronary artery bypass surgery on Richard J. Puls, M.D. on June 1, 1999. In their original petition, appellants named Richard Davila, a perfusionist, and alleged that Davila was an employee of Medical City and was negligent in failing to convert to pump support during the surgery. Appellants imputed the perfusionists' negligence to Medical City.
On January 16, 2001, appellants filed an expert report and curriculum vitae from Merrill H. Bronstein, M.D., as required by section 13.01 of the Act. On April 24, 2001, Medical City filed a motion to dismiss pursuant to section 13.01, contending that the expert report was inadequate pursuant to section 13.01(r)(6) and that sanctions should be awarded, including the dismissal of the case, pursuant to section 13.01(e).
On May 15, 2001, appellants filed a second amended original petition, naming Kim Patterson, R.N., R. Daley, R.N., and unknown nurses, in addition to Davila and an unknown perfusionist. Appellants alleged that the nurses were employees of Medical City and were negligent in failing to properly monitor and assess the condition of Richard Puls post-operatively, to report Richard Puls's deteriorating condition post-operatively, and to undertake appropriate interventions to prevent Richard Puls's exsanguination. As in the allegations that Medical City was vicariously liable for the perfusionists' negligence, appellants alleged the nurses' negligence should be imputed to Medical City.
On June 15, 2001, appellants filed a response to the motion to dismiss and, conditioned on the trial court's granting Medical City's motion, moved for leave to non-suit Medical City regarding the vicarious claim through Davila's negligence and refile the claims against the nurses and Medical City.
At a hearing on June 18, 2001, counsel for appellants stated that the claims regarding the perfusionists were being nonsuited. The parties and the court discussed the filing of an expert report regarding the claims against the nurses, and the trial court informed appellants that it expected appellants to file a report for the new claims. Subsequently, the trial court signed an agreed order nonsuiting appellants' claims against Davila without prejudice; counsel for appellants and for Davila signed the order. Later, the trial court signed an order denying Medical City's motion for dismissal from the suit and granting appellants' non-suit of the claims against Medical City based on respondeat superior for the perfusionist.
On October 15, 2001, Medical City filed an amended motion to dismiss pursuant to section 13.01 and,
Page 1 2 3 4 5 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|