Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hendrick Medical Center v. Conger

While the doctor in the current case may be qualified to testify as an expert in other areas, the court is confined to the four corners of the report, and it is not shown within the four corners of the doctor's report that he is an expert qualified to give an opinion on what an ordinarily prudent hospital would do under these or similar circumstances. Therefore, the doctor's report is deficient to support either the direct health care liability claims or the vicarious liability claims. Eastland Court of Appeals, No. 11-08-00036-CV, 10-08-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

In this health care liability claim, Hendrick Medical Center believed that the expert report filed by George Conger for himself and for the estate of Mona Conger was inadequate, and it filed a motion to dismiss in accordance with the provisions of TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(b) (Vernon Supp. 2008). The trial court disagreed with Hendrick and denied the motion. We reverse and remand.

Hendrick challenges the trial court’s ruling with two issues. First, Hendrick takes issue with the trial court’s failing to dismiss George Conger’s claim because he filed an insufficient expert report. In its second issue, Hendrick asserts that the trial court should have dismissed the vicarious liability claims filed by Conger because the expert report that he filed was insufficient as to those claims.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
GlobeSt. Multifamily Spring 2025
April 01, 2025
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Go to Events Go to Webcasts
(EXCLUSIVE) CORPORATE COUNSEL/CORPORATE GENERALIST WANTED FOR INTERNATIONAL TRANSPORTATION AND LOGISTICS COMPANY (Atlanta, GA)

Our client, a global transportation, and logistics organization, has engaged us to identify a Corporate Counsel/Corporate Generalist for the...


Apply Now ›
CORPORATE ATTORNEY

McCarter & English, LLP is actively seeking a corporate associate for its office located in Boston, MA. Candidate must have 2 - 5 years ...


Apply Now ›
(NEW) BUSINESS TRANSACTIONS/TAX ASSOCIATE WANTED FOR AMLAW 200 FIRM LLM IN TAX REQUIRED (Tampa, FL)

Our close client, an AmLaw 200 Firm, has asked our office to assist them in finding a business transactions/tax associate with 2+ years of e...


Apply Now ›
Go to Lawjobs