Legal Opinion

Clapp v. Perez

Court of Appeals of Texas

Decided September 19, 2012No. 08-11-00133-CVPublishedCited by 22 opinions

1Opinion of the Court

OPINION

CHRISTOPHER ANTCLIFF, Justice.

These two interlocutory appeals concern the adequacy of an expert report filed in a medical malpractice suit. See Tex.Civ. Prac. & Rem.Code Ann. § 74.351 (West 2011). Asserting that the expert report is inadequate, Drs. Benjamin Clapp and Julio Gagot-Pizzaro argue that the trial court abused its discretion by denying their motions to dismiss the lawsuit.

FACTUAL AND PROCEDURAL BACKGROUND

In early December 2007, Dr. Clapp performed gastric bypass surgery on Patricia Perez (“Perez”). Following bypass surgery, Perez developed an intestinal obstruction that…

2Cases cited10 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  3. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  4. Jernigan v. LangleyTexas Supreme Court · 2006
  5. Taylor v. Christus Spohn Health System Corp., Texas Court of Appeals, 13th District2005

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3Cited by22 opinions

  1. Gonzalez v. PadillaCourt of Appeals of Texas · 2016
  2. Mary Lou Ortiz, Joanne Ortiz and Jesus Ortiz v. St. Teresa Nursing and Rehabilitation Center, LLC, Texas Court of Appeals, 8th District (El Paso)2019
  3. Tenet Hospitals, Ltd. v. GarciaCourt of Appeals of Texas · 2015
  4. Tenet Hospitals Limited D/B/A Sierra Medical Center v. Sandra Bernal, Individually and as Independent Administrator of the Estate of Margarita G. Medrano, Carolina Hernandez, Carlos M. Medrano, Maria Magdalena Alexus, Raul Medrano and Maria v. Tellez, Texas Court of Appeals, 8th District (El Paso)2015
  5. Jose Ignacio Mendez-Martinez, M. D. v. Andres G. Carmona, Individually, on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Rosario M. Carmona, Texas Court of Appeals, 8th District (El Paso)2016

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