Moon v. North Texas Emergency Physicians8/23/2000
James Moon, individually and as next friend of Joseph Lynn Moon, Emily Ann Moon, and Hannah Marie Moon, and on behalf of the estate of Robbie N. Moon, deceased, William Reno, and Wilma Reno appeal the "no-evidence" summary judgments granted in favor of North Texas Emergency Physicians, L.L.P. (North Texas), Mitchell Bowman, M.D., William J. Frazier, M.D., and John Hargett, M.D. In three issues, appellants generally contend the trial court erred by striking their expert's affidavits and granting the no-evidence summary judgments. We reverse the trial court's summary judgments and remand for further proceedings.
Factual and Procedural Background
Appellants sued appellees for medical malpractice, alleging appellees failed to provide adequate emergency care and treatment for Robbie Moon, resulting in her death. On March 10, 1994, Moon went to North Texas Medical Center's emergency room complaining of a severe headache. She was given a pain shot and sent home without any diagnostic tests. The next morning, Moon went to her personal physician, John M. Hargett, M.D., complaining of a severe headache, nausea, and vomiting. Hargett ordered another pain shot and scheduled Moon for a non- emergency CT scan later in the week. However, the next morning (March 12, 1994), her symptoms were worse so she again went to the emergency room where she was seen by Mitchell Bowman, M.D. Moon was vomiting, photophobic, and in "excruciating pain." Bowman ordered additional pain shots and sent her home. Late that night, her husband, James Moon, brought her back to the emergency room and insisted she be admitted. Moon was vomiting, incontinent, mentally impaired, and had ataxia (unsteady gait). William Frazier, M.D., spoke with Hargett. After doing so, Frazier admitted her to a "regular" (non-intensive care) room. The next morning, Moon stopped breathing. She was subsequently transferred to the intensive care unit, and an emergency CT scan was done. It showed a massive cerebral hemorrhage. Moon was later transferred to Presbyterian Hospital and underwent neurosurgery; however, she died the next day.
Appellants sued appellees alleging appellees' negligence proximately caused Moon's death. In particular, appellants claimed appellees were negligent by failing to adequately diagnose and treat Moon. According to appellants, appellees' failure to recognize a medical emergency, order an emergency CT scan, and transfer Moon to an adequate facility for treatment resulted in her death. Appellees filed separate motions for summary judgment, arguing they had not breached the applicable standard of care and did not cause Moon's injuries. Appellants responded, arguing their summary judgment evidence, created fact issues precluding summary judgment. The trial court did not rule on these motions, and they are not the subject of this appeal.
After granting a joint motion for continuance, the trial court set the case for trial on March 23, 1998. Bowman and North Texas filed an agreed motion for continuance which the trial court denied. On February 23, 1998, appellants designated three new experts:
Myles Saunders, M.D.; Randolph W. Evans, M.D.; and L. Anne Hayman, M.D. Appellees then filed separate 166a(i) motions for summary judgment arguing that summary judgment was proper because appellants had not timely designated competent or qualified experts on the issue of causation and, therefore, could not produce evidence on the issue of causation. A few days later, appellees filed motions to strike the new experts, arguing the designations were untimely and appellants failed to identify the substance of the experts' opinions.
Appellants responded to appellees' motions on March 12
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