Schwartz v. Fipps

Opinion by: Patricia O. Alvarez, Justice

Appellee Jake Fipps developed an anastomotic leak after his gastric bypass surgery. Fipps and his wife (Appellees) sued Appellant Charles Schwartz III, D.O., the bariatric surgeon, alleging that the "surgical procedure failed." Dr. Schwartz challenged Appellees' initial and supplemental expert reports, and the trial court dismissed the suit for an inadequate report. In Appellees' motion for new trial, they argued the supplemental report showed their theory of the case had changed to a postoperative-care complaint, and their expert was qualified to…