Robert Hillery, M.D., and Southwest Surgical Associates, P.A v. Suzette Kyle, Patrice Ward, Vicki, Kyle, and Jamessee

Robert Hillery, M.D. and Southwest Surgical Associates, P.A. bring this interlocutory appeal challenging the trial court’s denial of their motion to dismiss a health care liability claim. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(9) (West Supp. 2011). Suzette Kyle, Patrice Ward, Vicki, Kyle, and Jamessee Kesee, individually and on behalf of the Estate of Melinda Kyle, deceased (collectively, “the Kyles”), brought a health care liability claim against Hillery and Southwest, among other defendants, asserting that negligence in their care and treatment of Melinda Kyle caused her death. After the Kyles served an expert report as required by section 74.351 of the Texas Civil Practice and Remedies Code, Hillery and Southwest (collectively, “Hillery”) moved to dismiss under section 74.351, contending the report is inadequate. See TEX. CIV. PRAC. & REM. CODE § 74.351(a) (West 2011). The trial court denied the motion to dismiss, and, on appeal, Hillery contends the trial court erred because Dr. Goldman, the Kyles’ expert, is not qualified and because the report is inadequate concerning causation. We affirm.

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