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Pfeiffer v. Jacobs8/10/2000
Appellant, Bonnie Legere Pfeiffer, appeals the dismissal of her medical malpractice claim against Dr. James Jacobs. Pfeiffer complains that the trial court erred in dismissing her claim with prejudice based on her failure to file an expert report within 180 days of filing suit, as required by the Texas Medical Liability and Insurance Improvement Act. According to Pfeiffer, she filed a timely motion for an extension of that deadline. For the reasons set out below, we affirm the trial court's decision.
BACKGROUND AND PROCEDURAL HISTORY
On April 24, 1998, Pfeiffer filed suit against Dr. Jacobs in the 55th Judicial District Court for Harris County, Texas, alleging medical malpractice arising from surgery that he performed on her right foot. Pfeiffer complained, in particular, that Dr. Jacobs was negligent in performing the surgery and therefore liable for her injuries. In her petition, Pfeiffer acknowledged that her lawsuit was governed by the prerequisites found in the Texas Medical Liability and Insurance Improvement Act, codified as amended at Article 4590i of the Texas Revised Civil Statutes (the "Texas Medical Liability Act").
Section 13.01 of the Texas Medical Liability Act requires that, within 180 days of filing suit, a medical malpractice plaintiff must file an expert report or face sanctions, including but not limited to a dismissal with prejudice. See TEX. REV. CIV. STAT. ANN. art. 4590i, ยง 13.01(d). On February 18, 1999, Dr. Jacobs filed a motion to dismiss Pfeiffer's claim with prejudice on the ground that she failed to provide an expert report within the 180-day time period, as required by Section 13.01. The trial court held a hearing on Dr. Jacobs's motion on March 12, 1999, and, on that same day, Pfeiffer filed a motion to extend the time to submit the required expert report. As grounds for an extension of time, Pfeiffer alleged that her attending physician needed additional time to examine her before submitting his report. However, the trial court, believing that it had no discretion in the matter, granted Dr. Jacobs's motion to dismiss without deciding whether the extension was warranted. This appeal followed.
On appeal, Pfeiffer raises the following four issues: (1) whether the trial court is required to dismiss a party's claim if the expert report required under the Texas Medical Liability Act is not filed within 180 days and such party has not filed a motion to extend before the expiration of 180 days; (2) whether Pfeiffer's motion for an extension of time to file the required expert report was timely filed; (3) whether the trial court abused its discretion in denying the Pfeiffer's motion; and (4) whether there was any showing that Pfeiffer's failure to file the expert report was intentional or the result of conscious indifference.
STANDARD OF REVIEW
A trial court's dismissal of a medical malpractice claim for failing to comply with the expert report provisions of Section 13.01 is subject to review under an abuse of discretion standard. See Schorp v. Baptist Mem'l Hosp. Sys., 5 S.W.3d 727, 731 (Tex. App.--San Antonio 1999, no pet.) (citing Wood v. Tice, 988 S.W.2d 829, 831 (Tex. App.--San Antonio 1999, pet. denied); Estrello v. Elboar, 965 S.W.2d 754, 758 (Tex. App.--Fort Worth 1998, no pet.)). A trial court abuses its discretion if it acts without reference to any guiding rules or principles or, in other words, acts in an arbitrary or unreasonable manner. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241 (Tex. 1985), cert. denied, 476 U.S. 1159 (1986). In that regard, a trial court abuses its discretion if it exercises a "vested power in a manner that is contrary to law or reason." Landon v. Jean-Pau
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