Legal Opinion

In Re Buster

Texas Supreme Court

Decided November 14, 2008No. 08-0125PublishedCited by 29 opinions

1Per curiam

Lavene Brewer filed this suit against Oak Manor Nursing Home, 1 alleging it failed to prevent her husband from falling down a flight of stairs. Within 120 days of filing, she served an expert report as required by statute. Tex. Crv. PRAC. & Rem. Code § 74.351(a). Oak Manor moved to dismiss on the ground that the report was signed by a nurse, while the statute requires a physician’s report on causation. Id. § 74.351(r)(5)(C). Before the hearing on the motion, Brewer served a supplemental report by a physician and moved for a 30-day extension to allow the supplement to cure the deficiency. See…

2Cases cited4 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. Leland v. BrandalTexas Supreme Court · 2008
  3. Lewis v. Funderburk Ex Rel. FunderburkTexas Supreme Court · 2008
  4. Nexion Health at Oak Manor, Inc. v. Brewer, Texas Court of Appeals, 12th District (Tyler)2008

3Cited by29 opinions

  1. Salais v. Texas Department of Aging & Disability Services, Texas Court of Appeals, 10th District (Waco)2010
  2. Humble Surgical Hospital, LLC, K & S Consulting, LLC D/B/A K+S Consulting v. Shannon Davis, Texas Court of Appeals, 14th District (Houston)2017
  3. Rusk State Hospital v. BlackCourt of Appeals of Texas · 2010
  4. Morris v. UMBERSON, Texas Court of Appeals, 1st District (Houston)2009
  5. Healthsouth Rehab. Hosp. of Beaumont, LLC v. AbshireCourt of Appeals of Texas · 2017

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