Clark v. HCA8/25/2005
e Centers of Texas, Inc. v. Palacios, 46 S.W.3d 873, 878 (Tex. 2001). An expert report is defined as a fair summary of the expert's opinions regarding: (1) applicable standards of care, (2) the manner in which the care rendered by the physician or health care provider failed to meet the standards, and (3) the causal relationship between that failure and the injury, harm, or damages claimed. Id. § 13.01(r)(6). In determining whether the report represents a good faith effort, the trial court's inquiry is limited to the four corners of the report. See Act of May 1, 1995, 74th Leg., R.S., ch. 140, § 1, sec. 13.01(r)(6), 1995 Tex.Gen.Laws 985, 987 (repealed 2003); Palacios, 46 S.W.3d at 878. To constitute a "good faith effort," the report must: (1) inform the defendant of the specific conduct the plaintiff has called into question, and (2) it must provide a basis for the trial court to conclude that the claims have merit. Palacios, 46 S.W.3d at 879. To inform the defendant of the specific conduct the plaintiff has called into question, the report must support the cause of action alleged by the plaintiff in her pleadings. Windsor v. Maxwell, 121 S.W.3d 42, 50 (Tex.App.--Fort Worth 2003, pet. denied).
The report need not marshal all of the plaintiff's proof, but it must include the expert's opinion on each of the three elements identified by the Act: standard of care, breach, and causal relationship. A report cannot merely state the expert's conclusions about these elements. Rather, the expert must explain the basis of his statements to link his conclusions to the facts. Id. Likewise, a report that omits any of the statutory requirements does not constitute a good faith effort. Palacios, 46 S.W.3d at 879.
STANDARD OF REVIEW
We review a trial court's dismissal under former Article 4590i, section 13.01(r)(6) under an abuse of discretion standard. American Transitional Care Centers of Texas, Inc. v. Palacios, 46 S.W.3d 873, 877 (Tex. 2001). Under this standard, we determine whether the trial court acted arbitrarily and without reference to any guiding rules or principles when it struck Clark's expert report and dismissed her case. Walker v. Gutierrez, 111 S.W.3d 56, 62 (Tex. 2003). We may not reverse a trial court's discretionary ruling simply because we might have decided it differently. Id.
EXPERT QUALIFICATIONS
In Point of Error One, Clark contends that Dr. Pacheco was qualified to render an opinion on the standard of care. Several courts of appeals have recognized that to comply with Section 13.01(d) and (r)(6), the expert report must establish, on its face, that the purported expert is qualified. See Estate of Allen v. Polly Ryon Hospital Authority, No. 01-04-00151-CV, 2005 WL 497291 at *3 (Tex.App.--Houston [1st Dist.] March 3, 2005, no pet. h.)(not reported); Hansen v. Starr, 123 S.W.3d 13, 20 (Tex.App.--Dallas 2003, pet. denied); Chisholm v. Maron, 63 S.W.3d 903, 907 (Tex.App.--Amarillo 2001, no pet.); Schorp v. Baptist Memorial Health System, 5 S.W.3d 727, 732 (Tex.App.--San Antonio 1999, no pet.).
Former Article 4590i, section 14.01 sets out the requirements for an expert witness in a suit against a physician. A person may qualify as an expert witness on the issue of whether the physician departed from accepted standards of medical care only if the person is a physician who: (1) is practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose; (2) has knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and (3) is qualified on the basis of training or experience to offer an expert opinion regarding thos
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