This morning, the Third Court of Appeals affirmed a Travis County Trial Court’s granting of a no-evidence motion for summary judgment in favor of a hospital in a medical malpractice case. According to the Court, where a medical malpractice plaintiff filed a proper expert report under the former article 4590i but failed to designate any expert in response to a Request for Disclosure by the Level 3 Discovery Plan designation deadline, the Defendant Hospital was entitled to no-evidence summary judgment, as without expert testimony the plaintiff could not prevail. Even though the Plaintiff here had offered an adequate report, the failure to designate shifted the burden to the Plaintiff to establish good cause for the failure or lack of unfair surprise or prejudice to the Defendant.
Cause No. 03-04-00711-CV, Cunningham v. South Austin Hospital
The Court also issued memorandum opinions in a juvenile case and a case involving termination of parental rights.
