Legal Opinion

Windsor v. Maxwell

Court of Appeals of Texas

Decided October 9, 2003No. 2-01-272-CVPublishedCited by 65 opinions

1Opinion of the Court

OPINION

DAVID L. RICHARDS, Justice (Assigned).

This is an appeal from an order granting John Maxwell, M.D.’s (“Dr.Maxwell”) motion to dismiss the medical malpractice lawsuit filed against him by appellants Beverly Windsor and Morgan Windsor (“the Windsors”). The trial court dismissed the Windsors’ suit on the ground that they failed to provide an expert report meeting the requirements of article 4590i, section 13.01(d) of the Texas Medical Liability and Insurance Improvement Act (“the Act”). See Tex.Rev.Civ. Stat. Ann. art. 4590i, § 13.01(d) (Vernon Supp.2003). Because we conclude the trial…

2Cases cited5 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  3. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  4. Earle v. RatliffTexas Supreme Court · 1999
  5. Flores v. Fourth Court of AppealsTexas Supreme Court · 1989

3Cited by65 opinions

  1. Ehrlich v. MilesCourt of Appeals of Texas · 2004
  2. Mosely v. Mundine, Texas Court of Appeals, 5th District (Dallas)2008
  3. Hollingsworth v. Springs, Texas Court of Appeals, 5th District (Dallas)2011
  4. Kettle v. Baylor Medical Center at Garland, Texas Court of Appeals, 5th District (Dallas)2007
  5. Farishta v. Tenet Healthsystem Hospitals Dallas, Inc.Court of Appeals of Texas · 2007

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