Macdonald Devin Attorneys Obtains Appellate Victories in Medical Liability Claims

Macdonald Devin attorneys recently obtained two appellate victories, mandating dismissal of medical liability claims against nursing facilities. Both cases involved pre-trial medical expert reports required by the Texas Civil Practice and Remedies Code for all medical liability claims. Chapter 74 of the Code requires claimants in medical liability cases to submit a report from a qualified physician, adequately identifying the conduct called into question. In both cases, trial courts in Dallas County initially allowed the claimants to amend otherwise deficient reports, but ultimately denied the nursing facilities’ motions to dismiss.

On interlocutory appeal, Macdonald Devin attorney Wes Davis obtained orders from the Fifth Court of Appeals in Dallas, reversing the trial court’s orders and requiring dismissal of both cases with prejudice. The holdings, from July and August, focus on the requirements that Chapter 74 reports must adequately explain the causal link between the allegedly negligent medical conduct and the claimant’s injuries. In these cases, the Fifth Court of Appeals found that both reports failed to properly include the adequate causal information and that the trial courts abused their discretion in failing to dismiss the claims with prejudice. These cases, both dismissed in the infancy of litigation, are just two examples of the client-and results-oriented services offered by Macdonald Devin attorneys.



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