Traut v. Beaty

OPINION

Opinion by

Chief Justice CORNELIUS.

Nancy Traut appeals from a summary judgment granted in favor of William Beaty, M.D. Traut sued Beaty, 1 alleging negligence and negligence based on res ipsa loquitur when part of a wire, about one centimeter long, was left in Traut’s left breast after Beaty performed a hook-wire needle localization procedure on her. 2 Sometime later, Beaty filed a motion for sanctions under Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01 (Vernon Supp.2002), contending that Traut failed to file the expert report required by the statute. The trial court ordered Traut’s cause…