Baker v. Gomez

OPINION

ANN CRAWFORD McCLURE, Justice.

Dr. Ronald F. Baker appeals the denial of his motions to dismiss pursuant to Section 74.351 of the Texas Medical Liability and Insurance Improvement Act. For the following reasons, we reverse and remand.

FACTUAL SUMMARY

On November 7, 2003, 38-year-old Lorenzo Gomez was conducting law enforcement tactical exercises when he felt dizzy, developed a headache, and became nauseous. He was taken by ambulance to the emergency room of Sierra Medical Center at 2:20 p.m. where he was initially examined and treated by Dr. Sergio Ibarra. At 5:53 p.m., Dr. Baker — the…