Nguyen v. Kim

OPINION

KEM THOMPSON FROST, Justice.

At issue in this case is the propriety of the trial court’s dismissal of a medical malpractice lawsuit based on the plaintiffs’ failure to timely comply with the expert report requirements of the Texas Medical Liability Act (the “Medical Liability Act”).

Introduction

The appellants, Dee Ann Nguyen and Minh Nguyen (collectively, the “Nguyens”) filed suit against the appellee, Dr. Poong Young Kim (“Dr.Kim”), alleging medical malpractice and violations of the Texas Deceptive Trade Practices Act (“DTPA”) based on medical procedures performed on Mrs. Nguyen. After…