Legal Opinion

Sheila Bailey v. Amaya Clinic, Inc and Dr. David W. Powell

Texas Court of Appeals, 14th District (Houston)

Decided May 30, 2013No. 14-12-00333-CV, 14-12-00335-CV, 14-12-00354-CVPublishedCited by 16 opinions

1Opinion of the Court

MAJORITY OPINION

MARTHA HILL JAMISON, Justice.

This is a health care liability case governed by the Texas Medical Liability Act.1 Each party has separately appealed from the trial court’s order sustaining in part and overruling in part Amaya Clinic, Inc. and Dr. David W. Powell’s objections to three expert reports served by Sheila Bailey. We affirm.

Background

Powell, a dermatologist, treated Bailey at Amaya Clinic for weight loss; this treatment included a Zerona Laser liposuction procedure.2 As alleged, after Bailey received the laser treatment, an employee at Amaya Clinic directed Bailey to…

2Cases cited19 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. Broders v. HeiseTexas Supreme Court · 1996
  3. Jelinek v. CasasTexas Supreme Court · 2010
  4. Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a MinorTexas Supreme Court · 2011
  5. Larson v. DowningTexas Supreme Court · 2006

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3Cited by16 opinions

  1. Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (A Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership, Texas Court of Appeals, 14th District (Houston)2019
  2. Clay Exploration, Inc. v. Santa Rosa Operating, LLC, Texas Court of Appeals, 14th District (Houston)2014
  3. Renee Rice, D.O. and NSR Physicians, P.A. v. Patricia A. McLaren, Texas Court of Appeals, 14th District (Houston)2018
  4. Apollo Healthcare at Willowbrook, LLC, D/B/A the Medical Resort at Willowbrook, Muhammad Hanif, M.D, Nabil Khoury, AShiqueali Poonawala, M.D.N and Archana Thota v. Mark McCammon, Individually, and as Representative of the Estate of Patricia Phillips, Texas Court of Appeals, 1st District (Houston)2022
  5. Azle Manor, Inc. v. Patty Patterson and Pamela Beavers, Individually and as Representatives of The Estate of Mary Ann Davis, Texas Court of Appeals, 2nd District (Fort Worth)2016

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