Smalling v. Gardner

OPINION

WANDA McKEE FOWLER, Justice.

Stephanie Wortham Smalling, acting individually and on behalf of the estate of Skyler Kennedy Wortham-Krause, deceased, appeals the trial court’s dismissal of her lawsuit against appellees because she failed to file an expert report as required for health care liability claims under the Medical Liability and Insurance Improvement Act. Smalling contends that the trial court erred because her claims are not health care liability claims and therefore no expert report was required. For the reasons discussed below, we affirm.

I. Factual and Procedural Background

In…