Schmidt v. Dubose

OPINION

CHARLES KREGER, Justice.

This is an interlocutory appeal from the denial of a motion to dismiss a health care liability claim for failure to file an expert report. See Tex. Civ. PRAC. & Rem.Code ANN. §§ 51.014(a)(9), 74.351(b) (Vernon Supp.2007). John A. Schmidt and Port Arthur Surgical Association, P.A. (“PASA”), appeal the trial court’s denial of their motion to dismiss a particular theory of liability in Heather Dubose’s medical malpractice suit against them. The sole issue presented in this appeal is whether a plaintiff can maintain a theory of liability against a health care…