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Leday v. Zatorski10/20/2005
ed in her charts. Without a known or documented allergy, the standard of care delineated by Hoover is inapplicable to the nurses' care of Leday. Hoover's report thus lacks information linking the standard of care (patients with an iodine allergy should not be given iodine) and the alleged breach in this case (the nurses allowed Leday to receive iodine knowing she was allergic). Hoover's report also fails to state that Leday displayed signs of an allergic reaction at the time of her treatment, such as hives. Hoover's report thus lacks information linking the standard of care (nurses should be able to recognize an allergic reaction such as hives) and the alleged breach in this case (the nurses failed to recognize an apparent allergic reaction). These missing links are a reasonable basis for the trial court to conclude that the report is insufficient. See Bowie Mem'l Hosp., 79 S.W.3d at 53 (because report lacked information linking expert's conclusion to defendant's alleged breach, "the trial court could have reasonably determined that the report was conclusory"). Similarly, Hoover's report does not state what the nurses in Leday's case should have done differently in connection with the administration of the iodine compound. This omission is also a reasonable basis for the trial court to conclude that the report is insufficient. See Palacios, 46 S.W.3d at 880. Moreover, Hoover's report does not include any allegations of breach concerning the nurses' use of hospital tape.
We hold that the trial court reasonably could have concluded that the information within the four corners of the Ledays' expert report does not inform Houston Northwest of the specific conduct by its nurses called into question, nor does it provide the trial court a factual basis for determining that the Ledays' claims against Houston Northwest have merit. The trial court therefore did not abuse its discretion in dismissing the Ledays' claims against Houston Northwest.
Conclusion
We hold that the trial court did not abuse its discretion in denying the Ledays' motion for extension of time in which to file an expert report against Zatorski, nor in dismissing the Ledays' claims against Houston Northwest. We therefore affirm.
Panel consists of Chief Justice Radack and Justices Alcala and Bland.
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