In the Courts: Trial Courts May Read Multiple Expert Reports Together to Determine Adequacy, Says Texas Supreme Court

February 9, 2018 | Aging Services Risk Management


In a lawsuit brought against a radiologist, a mobile imaging company, and an assisted-living facility after the death of a resident whose dental bridge became lodged in her trachea, the Supreme Court of Texas has found that the trial court did not err in determining that the plaintiff's initial expert reports were adequate and rejecting the defendants' motions to dismiss the suit. In so ruling, the supreme court reversed an appellate court decision and remanded the case for further proceedings.

When the resident told the assisted-living facility's staff that she had lost her dental bridge, staff searched for it but could not find it. Later that evening, the resident developed a cough and signs of chest congestion. The facility's on-call physician ordered a stat chest x-ray. The mobile imaging company performed the x-ray and sent the images to the radiologist. The images showed that the dental bridge was lodged in the resident's trachea, but neither the radiologist nor the...

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