Gray v. CHCA Bayshore L.P., 189 S.W.3d 855 (Tex. App. 2006). · Go Syfert
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855 (Tex. App. 2006). Cases Citing This Book View Copy Cite
439 citation events (439 in the last 25 years) across 3 distinct courts.
Strongest positive: MCH Professional Care and Kristopher Kindle, CRNA v. Yulissa Zubia, Individually and as Representative of the Estate of Elpidia Rios De Zubia Rene Zubia And Rene Zubia, Jr. (texapp, 2021-09-23)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) MCH Professional Care and Kristopher Kindle, CRNA v. Yulissa Zubia, Individually and as Representative of the Estate of Elpidia Rios De Zubia Rene Zubia And Rene Zubia, Jr.
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
by not fleshing out how appellees' failure to monitor gray's extremities caused her injury, the report does not convincingly tie the alleged departure from the standard of care to specific facts of the case.
cited Cited as authority (rule) James Shaffer, CRNA and EPIX Medical Services of Houston, PLLC v. Marquita Jomes, as Power Off Attorney for Shronda Jones
txctapp1 · 2026 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Scott Gale v. Rizwan Chaudhry, Advanced Houston Surgical, PLLC and Hillcroft Medical Clinic Association, P.A.
Tex. App. · 2024 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) ARUP Laboratories, Inc. v. James H. Crawford & Rita Annette Crawford
Tex. App. · 2024 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Cornelius Butler, Individually and on Behalf of the Estate of Betty Butler v. Tyler OPS LTC., Inc. D/B/A Petal Hill Nursing & Rehabilitation
Tex. App. · 2024 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Lakeisha Demerson, MD v. Kiesta Smith, Individually and as Next Friend of XXXXXX XXXXXX, a Minor
Tex. App. · 2024 · confidence medium
Dist. v. Garrett, 232 S.W.3d 170, 176 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (citing Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.)).
cited Cited as authority (rule) Carlos Garcia-Cantu, M.D. v. Amy Christine Gonzalez
Tex. App. · 2024 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Gary Horndeski M.D. v. Cheryl Price
Tex. App. · 2024 · confidence medium
Abshire, 563 S.W.3d at 223 (citing Palacios, 46 S.W.3d at 878–79); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Willow SNF, LLC D/B/A Willow Rehab & Nursing and Advanced HCS, LLC v. Anyonna Hardimon, on Behalf of Jessie Mae Turner
Tex. App. · 2024 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Eliazar Costilla, Individually and as the Representative of the Estate of Kristy Renee Costilla, and as Next Friend of A.J.C. and C.K.C, Minors Melinda Rodriguez Leal and Camilo Trevino v. Atiya Dhala, M.D.
Tex. App. · 2023 · confidence medium
See Bailey v. Amaya Clinic, Inc., 402 S.W.3d 355, 366 (Tex. App.— Houston [14th Dist.] 2013, no pet.) (“Standard of care is defined by what an ordinarily prudent health care provider or physician would have done under the same or similar circumstances.”); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.— Houston [1st Dist.] 2006, no pet.) (stating that the expert report must provide specific information about what each defendant would have done differently); Longino v. Crosswhite, 183 S.W.3d 913, 915 (Tex. App.—Texarkana 2006, no pet.) (same).
cited Cited as authority (rule) Joy Perez v. Jonathan Louis Perez
Tex. App. · 2023 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Cody Bernard, Individually and as Representative of the Estate of Paul Bernard And Blake Bernard v. CHI St. Luke's Health – the Woodlands Hospital Yasir Elhawi, M.D. And Heine Ruiz, M.D.
Tex. App. · 2023 · confidence medium
Fort Worth v. Biggers, No. 02-12-00486-CV, 2013 WL 5517887 , at *6-7 (Tex. App.— Fort Worth Oct. 3, 2013, no pet.) (mem. op.); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Octavio Aguilera The Schumacher Group of Texas, Inc. VHS Harlingen Hospital Company, LLC D/B/A Valley Baptist Medical Center-Harlingen Adrian Alaniz Kristen White George Huddleston, IV, M.D. And William Taw, M.D. v. Eliazar Costilla, Individually and as the Representative of the Estate of Kristy Renee Costilla, and as Next Friend of A.J.C. and C.K.C., Minors Melinda Rodriguez Leal And Camilo Trevino
Tex. App. · 2023 · confidence medium
See Sinha v. Thurston, 373 S.W.3d 795 , 800–01 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (providing that an expert report that did not name the physician or implicate his conduct constituted no report as to the physician); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (stating that the expert report must provide specific information about what each defendant would have done differently).
discussed Cited as authority (rule) Harold David Wills, D.O. v. Ana Mendoza (2×) also: Cited "see, e.g."
Tex. App. · 2022 · confidence medium
As previously discussed, Dr. Cascone articulated a standard of care “for surgical site infection diagnosis and treatment” that he opines applies to all physicians and he explains that this standard applies to all physicians, including Dr. Wills, because these are “basic medical skills learned by all physicians as part of their basic medical training.” Thus, Dr. Cascone’s reports explain why he believes the defendants, including Dr. Wills, share similar standards of care with respect to Mendoza’s medical treatment despite their differing specialties and the specific roles they playe…
cited Cited as authority (rule) East Texas Physicians Alliance, LLP, D/B/A Magnolia Health Systems Urgent Care Clinic, and K. McWherter, FNP v. Bradley A. Sutton
Tex. App. · 2021 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Pradyumna Chary Mummady, M.D. v. Zulema Cabrera, Individually and on Behalf of the Estate of David Cabrera
Tex. App. · 2021 · confidence medium
See, e.g., Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 53 (Tex. 2002) (per curiam) (noting sole statement regarding causation was conclusory, and “the report simply opines that Barbara might have had ‘the possibility of a better outcome’ without explaining how Bowie’s conduct caused injury to Barbara”); Fulp v. Miller, 286 S.W.3d 501, 508 (Tex. App.—Corpus Christi 2009, no pet.) (stating expert “failed to link his conclusions to the facts”); Lockhart v. Guyden, No. 01-08-00983-CV, 2009 WL 2050983 , at *3 (Tex. App.—Houston [1st Dist.] July 16, 2009, no pet.) (mem. op.) (stat…
cited Cited as authority (rule) CHCA Clear Lake, L.P. D/B/A Clear Lake Regional Medical Center v. Jon K. Stewart
Tex. App. · 2021 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) James Dario Koerner, D.O. v. Tanena Pickens, Individually and as Next Friend of Zanii Alize Roytal Davis
Tex. App. · 2021 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Paul James, M.D. and Metropolitan Houston Surgery Associates, PLLC v. Angie Sam
Tex. App. · 2021 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Nikko Cosmetic Surgery Center, Inc. And Anthony Nikko, MD v. Tenille Carroll
Tex. App. · 2021 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Richard Kim M.D. v. Alberto Ramos
Tex. App. · 2021 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Avagene Harris v. Victor Kareh and North Cypress Hospital
Tex. App. · 2020 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Northwest Cypress EMS v. Frances Guillory
Tex. App. · 2020 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Walgreen Co., Walgreen Boots Alliance, Inc. and Walgreens Boots Alliance Holdings, LLC v. Beth Hauser Boyer and John Hauser, Individually and as Representative of the Estate of Alexander Hauser
Tex. App. · 2020 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Rick Kline, D.D.S. and Kline Dental Implant, PLLC v. Anthony Leonard
Tex. App. · 2019 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Methodist Hospitals of Dallas D/B/A Methodist Health System and D/B/A Methodist Dallas Medical Center v. Jesus Nieto, Richardo Felipe Nieto, Jesse Nieto, and Orlando Nieto, Each Individually and as Heirs of the Estate of Mary Jessie Alvarez
Tex. App. · 2019 · confidence medium
Even if Spellman-Foley’s report accurately and sufficiently established the nurses’ standard of care and the breaches of that standard, it was, argues Methodist, the responsibility of Dr. McCarus to “‘convincingly tie the alleged departure from the standard of care to specific facts of the case.’” Hickory Trail Hosp., L.P. v. Webb, No. 05–16–00663–CV, 2017 WL 677828 , at *7 (Tex. App.–– Dallas Feb. 21, 2017, no pet.) (mem. op.) (quoting Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 855 (Tex. App.––Houston [1st] 2006, no pet.)).
cited Cited as authority (rule) Rachel B. Head, MD and Rachel B. Head, MD, PLLC v. William Hagan and Lysa Hagan
Tex. App. · 2019 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Michael Fallon, M.D. v. the University of Texas MD Anderson Physician's Network and Michael W. Brown, as President and Chief Executive (2×) also: Cited "see, e.g."
Tex. App. · 2019 · confidence medium
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241–42 (Tex. 1985); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Methodist Hospitals of Dallas D/B/A Methodist Health System and D/B/A Methodist Dallas Medical Center v. Jesus Nieto, Richardo Felipe Nieto, Jesse Nieto, and Orlando Nieto, Each Individually and as Heirs of the Estate of Mary Jessie Alvarez
Tex. App. · 2019 · confidence medium
Even if Spellman-Foley’s report accurately and sufficiently established the nurses’ standard of care and the breaches of that standard, it was, argues Methodist, the responsibility of Dr. McCarus –11– to “‘convincingly tie the alleged departure from the standard of care to specific facts of the case.’” Hickory Trail Hosp., L.P. v. Webb, No. 05–16–00663–CV, 2017 WL 677828 , at *7 (Tex. App.–– Dallas Feb. 21, 2017, no pet.) (mem. op.) (quoting Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 855 (Tex. App.––Houston [1st] 2006, no pet.)).
discussed Cited as authority (rule) Tomball Texas Hospital Company, LLC D/B/A Tomball Regional Medical Center v. La Neta Bobinger (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Tex., 563 S.W.3d 219, 223 (Tex. 2018); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Bennie Grismore v. Medtronic, Inc., the East Texas Medical Center System, Inc., and Texas Spine & Joint Hospital, Ltd., PAC
Tex. App. · 2019 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Carl R. Jones, M.D. v. Alice Waggoner
Tex. App. · 2019 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.). 1 An interlocutory appeal of an order denying a motion to dismiss under Section 74.351 is permitted.
cited Cited as authority (rule) Beverly Nugent, Individually and on Behalf of the Estate of Chester L. Nugent v. Good Shepherd Medical Center, Inc.
Tex. App. · 2019 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Darry G. Meyer, D.O., Darry G. Meyer, D.O., P.A., and Memorial Medical Center of East Texas v. Ansel Strahan
Tex. App. · 2019 · confidence medium
Those claims are not part of this appeal and Memorial Medical is not a party to this appeal. 2 Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Tom Kozera v. Maja Velemir
Tex. App. · 2018 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Dr. Jaime Clavijo v. Gary Lynn Fomby
Tex. App. · 2018 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Propath Sevices, LLC and Terry L. Barrett, M.D. v. Amanda Russ
Tex. App. · 2018 · confidence medium
Co. v. Johnson, 389 S.W.2d 645, 648 (Tex. 1965)); Jones v. Strayhorn, 321 S.W.2d 290, 295 (1959); Tenet Hospitals Ltd. v. Barajas, 451 S.W.3d 535, 539 (Tex. App.—El Paso 2014, no pet.); In re Estate of Denman, 362 S.W.3d 134, 141 (Tex. App.—San Antonio 2011, no pet.); Collini v. Pustejovsky, 280 S.W.3d 456, 461 (Tex. App.—Fort Worth 2009, no pet.); Isaacs v. Bishop, 249 S.W.3d 100, 110 (Tex. App.—Texarkana 2008, pet. denied); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Ahmad Karkoutly, M.D. v. Maria Guerrero, Individually and as Representative of the Estate of Maria Otilia Estrada
Tex. App. · 2017 · confidence medium
See Columbia Valley, 526 S.W.3d at 460 ; Carreras v. Trevino, 298 S.W.3d 721, 725 (Tex. App.—Corpus Christi 2009, no pet.) (concluding that where the factual content of a report contradicted the expert’s assertions, and those assertions were otherwise conclusory, the report did not satisfy the TMLA); Gray v. CHCA Bayshore LP, 189 S.W.3d 855, 860 (Tex. App.— Houston [1st Dist.] 2006, no pet.) (holding that in light of an expert report’s conclusory and often internally inconsistent opinions concerning breach and causation, the report did not satisfy the TMLA); cf. Marvin v. Fithian, No. …
cited Cited as authority (rule) Kenneth A. Totz, D.O., FACEP v. Telicia Owens
Tex. App. · 2017 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Hickory Trail Hospital, L.P. D/B/A Hickory Trail Hospital v. Christopher Webb and Melissa Hayes Individually and as Next of Friends for H.H., a Minor
Tex. App. · 2017 · confidence medium
Content of a Medical Expert’s Report “A report cannot merely state the expert’s conclusions as to the standard of care, breach, and causation.” Wallace, 278 S.W.3d at 557 (citing Palacios, 46 S.W.3d at 879 ; Hansen v. Starr, 123 S.W.3d 13, 20 (Tex. App.—Dallas 2003, pet. denied); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st] 2006, no pet.); Garcia v. Marichalar, 198 S.W.3d 250, 254 (Tex. App.—San Antonio 2006, no pet.)).
cited Cited as authority (rule) Pinnacle Health Facilities XV, LP D/B/A Woodridge Nursing and Rehabilitation v. Jorge Robles and Werner Robles, Individually and as Heirs of Zoila Robles
Tex. App. · 2016 · confidence medium
Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Highland Pines Nursing and Rehabilitation, and Tabitha Ayers v. Shakeitha Wiley, Individually and as Representative of the Estate of Casandra Wiley
Tex. App. · 2016 · confidence medium
The expert report must “tie the alleged departure from the standard of care to the specific facts of the case.” Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 860 (Tex.App.-Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Nancy Jo Rodriguez v. the Walgreen Company and Sara Elizabeth McGuire (2×) also: Cited "see, e.g."
Tex. App. · 2016 · confidence medium
“This requirement precludes a court from filling gaps in a report by drawing inferences or guessing as to what the expert likely meant or intended.” Austin Heart, P.A. v. Webb, 228 S.W.3d 276, 279 (Tex. App.—Austin 2007, no pet.) (citing Wright, 79 S.W.3d at 53 ; Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st Dist.] 2006, no pet.)).
examined Cited as authority (rule) Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2016 · confidence medium
“This requirement precludes a court from filling gaps in a report by drawing inferences or guessing as to what the expert likely meant or intended.” Austin Heart, P.A. v. Webb, 228 S.W.3d 276, 279 (Tex. App.—Austin 2007, no pet.) (citing Wright, 79 S.W.3d at 53 ; Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 859 (Tex. App.—Houston [1st Dist.] 2006, no pet.)).
discussed Cited as authority (rule) Humble Surgical Hospital LLC v. Christy L. Traynor (2×)
Tex. App. · 2015 · confidence medium
Ctr. v. Martin, 340 S.W. 3d 529, 534 (Tex. App.—Fort Worth, 2011, no pet.)............................ 20 Bowie Mem'l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex. 2002) ............................................................................... 10 Certified EMS, Inc., v. Potts, 392 S.W.3d 625, 632 (Tex. 2013) ................................................................... 22, 23 Christus Spohn Health System Corp. v. Sanchez, 299 S.W.3d 868, 877 (Tex. App.—Corpus Christi, pet. denied.) ......................... 21 Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st …
discussed Cited as authority (rule) Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera
Tex. App. · 2015 · confidence medium
Gray v. CHCA Bayshore, L.P., 189 S.W.3d 855, 859 (Tex.App. -Houston [1st Dist.] 2006, no pet.)(citing Palacios, 46 S.W.3d at 879 (Tex. 2001)); Wright, 79 S.W.3d at 53 ; Austin Heart, P.A. v. Webb, 228 S.W.3d 276, 279 ( Austin 2007 , no pet.); see also Garcia v. Marichalar, 198 S.W.3d 250, 254 (Tex.App. -San Antonio 2006, no pet.)(holding that 9 309 the trial court could not consider counsel's argument or any evidence brought forward at the hearing).
discussed Cited as authority (rule) Cristina Marente, Individually and as Representative of the Estate of Christian Marente v. Eunice Asah and Epic Health Services, Inc.
Tex. App. · 2015 · confidence medium
Code Ann.§ 74.351; Gray v. CHCA Bayshore, L.P., 189 S.W.3d 855, 858 (Tex.App.-Houston [1st Dist.] 2006, no pet.) The report must provide a "fair summary" of the expert's opinions as of the date of the report regarding the applicable standards of care, the manner in which the care rendered by the health care provider failed to meet the standard, and the causal relationship between that failure and the injury, harm, or damages claimed.
cited Cited as authority (rule) Telicia Owens v. Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP, and Memorial Hermann Hospital System D/B/A Memorial Hermann - Texas Medical Center
Tex. App. · 2015 · confidence medium
Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex. 2001); Gray v. CHCA Bayshore L.P., 189 S.W.3d 855, 858 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Retrieving the full opinion text from the archive…
Sylvia GRAY, Appellant,
v.
CHCA BAYSHORE L.P. D/B/A Bayshore Medical Center and Ira H. Rapp, M.D., Appellees
01-04-00918-CV.
Court of Appeals of Texas.
Jan 26, 2006.
189 S.W.3d 855
2006 Tex. App. LEXIS 711
2006 WL 181387
Michael D. Farmer, Plummer & Farmer, Houston, TX, for Appellant., Larry D. Thompson and Robert G. Smith, Lorance & Thompson, P.C., Griffin Vincent and Solace Kirkland Southwick, Andrews Kurth LLP, Houston, TX, for Appellees.
Evelyn v. Keyes.
Cited by 211 opinions  |  Published

OPINION

EVELYN V. KEYES, Justice.

This appeal arises from a medical malpractice claim brought by appellant, Sylvia Gray, against appellees, CHCA Bayshore L.P. d/b/a Bayshore Medical Center (Bay-shore) and Ira H. Rapp, M.D. The trial court dismissed Gray’s suit with prejudice after concluding that the expert report she filed failed to satisfy the requirements set forth in section 74.351 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351 (Vernon Supp.2005). In her sole issue on appeal, Gray argues that the trial court erred in finding that her expert report did not comply with the statute.

We affirm.

BACKGROUND

In 2001, Gray was admitted to Bayshore for surgical treatment of chronic sinusitis and nasal septal deformity. For the surgery, Gray was administered a general anesthetic by Dr. Rapp. Upon regaining consciousness after the operation, Gray became aware of severe pain in her left knee. Subsequent examination by an orthopedist and a neurologist revealed a dislocation of the knee’s patella. Gray, age 39, had no prior history of knee injuries.

In November 2003, Gray brought suit against Bayshore, Dr. Rapp, and Phillip A. Matorin, M.D., seeking to recover damages resulting from the injury to her knee. [1] Gray’s suit alleged that the injury was caused by the flexing of her left leg during surgery and that the injury could have[*857] been prevented had Dr. Rapp and the Bayshore’s nursing staff properly monitored Gray’s extremities during the operation. In March 2004, Gray filed the report of her medical expert, Dr. Richard F. Toussaint, M.D., as required by section 74.351 of the Texas Civil Practice and Remedies Code. See id. Both Bayshore and Dr. Rapp moved to dismiss Gray’s suit, arguing that Dr. Toussaint’s expert report failed to comply with the requirements of section 74.351. See id. The trial court then granted Gray a 30-day extension to cure any deficiencies in her expert report. See id. § 74.351(c).

Gray filed her amended expert report in June 2004. The report, again by Dr. Tous-saint, reads in pertinent part:

Ms. Gray was administered a general anesthetic for the sinus surgery by Ira H. Rapp, M.D. During the surgery, Ms. Gray’s knees and arms had become flexed, and when she awoke from the anesthetic, she noted severe pain upon attempting to move from a bedpan. She was noted to have a negative history of knee injury. Ms. Gray was seen by John H. Ownby, M.D., neurologist, and Ronald B. Heisey, M.D., orthopedist, who upon subsequent workup of Ms. Gray’s knee pain determined that her left patella had become dislocated.
Based on the forgoing and my education, training, experience, and reasonable medical probability, it is my opinion that Dr. Ira H. Rapp, M.D., Dr. Phillip A. Matorin, M.D., and the nursing staff of Bayshore Medical Center breached the standard of care for failing to properly monitor, treat, and prevent the resultant left knee injury and dislocation of the left patella.
Based on the Texas definitions, Dr. Ira H. Rapp, M.D., Dr. Phillip A. Matorin, M.D., and the Bayshore Medical Center perioperative nursing staff were negligent by failing to properly monitor, treat, and prevent Ms. Gray’s left patella dislocation. The negligence was in the following:
1. Dr. Ira H. Rapp, M.D. faded to monitor the positioning of Ms. Gray’s left knee to prevent the subsequent dislocation of the patella while under a general anesthetic. The standard of care in this circumstance would be for a physician to monitor the positioning of the patient’s extremities to prevent injury diming surgery and post operatively.
2. The Bayshore Medical Center per-ioperative nursing staff failed to monitor the positioning of Ms. Gray’s left knee to prevent the subsequent dislocation of the patella while in the operating room. The standard of care in this circumstance would be for the perioperative nursing staff to monitor the positioning of the patient’s extremities to prevent injury during surgery and post opera-tively.
In the above instance, had Dr. Ira H. Rapp, M.D., Dr. Phillip A. Matorin, M.D., and the Bayshore Medical Center perioperative nursing staff monitored and detected the flexing of Ms. Gray’s arms and legs during general anesthesia in a timely fashion, then in reasonable medical probability, the pain and suffering experienced by Ms. Gray from the dislocated left patella would not have occurred along with the resultant necessary treatments. The failure to monitor, detect, diagnose, and timely treat a malpositioned left knee during a general anesthetic was negligence and proximately caused the dislocated left patella and subsequent pain and suffering experienced by Ms. Gray on December 5, 2001.
This opinion is based on the available medical records that you have provided for my review. I understand that negligence is the failure to use ordinary care,[*858] failure to do what a physician, or operating room nurse, of ordinary prudence would have done under the same or similar circumstances. I also understand that proximate cause is a cause which in a natural and continuous sequence produces an event, and without which, such an event would not have occurred. I also understand that in order to be a proximate cause, an act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom.
Based on these definitions, and on a reasonable degree of medical probability, Dr. Ira H. Rapp, M.D., Dr. Phillip A. Matorin, M.D., and the Bayshore Medical Center perioperative nursing staff failed to meet the standard of care when they neglected to monitor and detect a malpositioned left knee resulting in a dislocated left patella on December 5, 2001. The failure to monitor and detect the malpositioned left knee resulted in a dislocated left patella, severe pain and suffering, and subsequent medical treatment.

After receiving Gray’s amended expert report, Bayshore and Dr. Rapp again moved to dismiss the suit, arguing that the report still did not comply with section 74.351. After a hearing, appellees’ supplemental motions to dismiss were granted, and Gray timely appealed.

DISCUSSION

In her sole issue on appeal, Gray contends that the trial court erred in its determination that Dr. Toussaint’s report did not comply with section 74.351 of the Civil Practice and Remedies Code. Specifically, she argues that Dr. Toussaint’s report constituted an objective good faith effort to comply with the requirements of section 74.351, and thus contends that the trial court acted improperly in dismissing her suit. See id. § 74.351(7) (stating that a court shall grant a challenge to an expert report “only if it appears to the court, after hearing, that the report does not represent an objective good faith effort” at compliance).

Standard of Review

We review all section 74.351 rulings under an abuse of discretion standard. Am. Transitional Care Ctrs. v. Palacios, 46 S.W.3d 873, 877 (Tex.2001). A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to guiding rules or principles. See Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999). When reviewing matters committed to the trial court’s discretion, we may not substitute our own judgment for that of the trial court. Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). A trial court does not abuse its discretion merely because it decides a discretionary matter differently than an appellate court would in a similar circumstance. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985).

Section 74.351 of the Texas Civil Practice and Remedies Code

Pursuant to section 74.351, medical malpractice plaintiffs must provide each defendant physician and health care provider with an expert report or voluntarily non-suit the action. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351. If a claimant timely furnishes an expert report, a defendant may file a motion challenging the report’s adequacy. See id. at § 74.351(a). The trial court shall grant the motion only if it appears, after hearing, that the report does not represent a good faith effort to comply with the statutory definition of an expert report. See id. § 74.3510- The statute defines an expert report as a written report by an expert that provides, as to each defendant, a fair summary of the[*859] expert’s opinions as of the date of the report regarding: (1) applicable standards of care; (2) the manner in which the care provided faded to meet the standards; and (3) the causal relationship between that failure and the injury, harm, or damages claimed. See id. § 74.351(r)(6); Palacios, 46 S.W.3d at 878-79.

Although the report need not marshal all the plaintiffs proof, it must include the expert’s opinions on the three statutory elements — standard of care, breach, and causation. See Palacios, 46 S.W.3d at 878-79. In detailing these elements, the report must provide enough information to fulfill two purposes if it is to constitute a good faith effort. First, the report must inform the defendant of the specific conduct the plaintiff has called into question. Id. at 879. Second, the report must provide a basis for the trial court to conclude that the claims have merit. Id. A report that merely states the expert’s conclusions as to the standard of care, breach, and causation does not fulfill these two purposes. Id. The expert must explain the basis for his statements and must link his conclusions to the facts. Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex.2002). Furthermore, in assessing the report’s sufficiency, the trial court may not draw any inferences, and must instead rely exclusively on the information contained within the report’s four corners. See Palacios, 46 S.W.3d at 879.

Dr. Toussaint’s Report

Dr. Toussaint’s amended report essentially states that, as to both Bayshore and Dr. Rapp: (1) the applicable standard of care required monitoring the positioning of Gray’s extremities; (2) appellees failed to monitor the positioning of Gray’s left knee; and (3) had appellees monitored the knee’s position, Gray, within reasonable medical probability, would not have suffered a dislocated patella. Although the report, at first glance, thus appears to articulate the three statutorily required elements of an expert report, we are compelled, under an abuse of discretion standard, to conclude that the trial court did not act unreasonably in granting appellees’ motions to dismiss.

The supreme court held in Pa-lacios that medical malpractice plaintiffs must provide an expert report detailing standard of care, breach, and causation as to each defendant. Id. Here, the report states, without explanation, that a single standard of care applied to both Bayshore and Dr. Rapp. While it is possible that an identical standard of care regarding limb monitoring during and after surgery attaches to an anesthesiologist (Dr. Rapp) and a perioperative nursing staff (Bay-shore), such generic statements, without more, can reasonably be deemed concluso-ry. Conclusory statements regarding standard of care, breach, or causation, do not constitute a good faith effort to comply with section 74.351 in that they fail to adequately inform each defendant of the specific conduct called into question by the plaintiffs claims. See id.

Similar weaknesses undermine Dr. Toussaint’s report in regard to how appellees breached the applicable standard of care. Whether a defendant breached the standard of care due a patient cannot be determined without “specific information about what the defendant should have done differently.” See id. at 880. Here, Dr. Toussaint’s report contains only a general statement that appellees failed to monitor Gray’s left knee properly. The report provides no specific information concerning what actions appellees should have taken in the event they observed Gray’s knee flexing. Indeed, a literal reading of the report’s most direct statements concerning breach leads to the conclusion that simply monitoring Gray’s ex[*860] tremities, and taking no corrective action, would have prevented her injury. In view of such general and conelusory statements concerning breach, we cannot conclude that the trial court abused its discretion in dismissing Gray’s suit. [2] See id. at 879.

Conelusory statements also plague the report’s efforts to satisfy the statutory element of causation. Specifically, Dr. Tous-saint’s report does not state with any specificity how appellees departure from the stated standard of care caused Gray’s knee injury. Instead, the report provides only the conelusory statement that the failure to monitor caused Gray’s injury. By not fleshing out how appellees’ failure to monitor Gray’s extremities caused her injury, the report does not convincingly tie the alleged departure from the standard of care to specific facts of the case. Such a failure has been found to be a sufficient reason for concluding that an expert report is statutorily inadequate. See Bowie Mem’l Hosp., 79 S.W.3d at 53.

We further note that the report appears to be inconsistent with respect to the relationship among the standard of care, breach, and the cause of Gray’s injury. Specific language in the report indicates that the applicable standard of care breached by the defendants was “monitoring] the positioning of the patient’s extremities.” The report then appears to depart from this limited standard of care and breach, stating, “The failure to monitor, detect, diagnose, and timely treat a malpositioned left knee during general anesthetic was negligence, and proximately caused the dislocated left patella.” (Emphasis added.) The report thus fails to put the appellees on notice as to who had what responsibility and how that person or persons departed from the standard of ordinary medical care of a patient under anesthesia in failing to do some specific act required by a person in that position, causing damage that would not have happened had ordinary professional care been used. Considering that the trial court is limited to the four corners of the report in making its determination, one could reasonably conclude that the conelusory language in the report, together with the inconsistency as to appellant’s complaint, convinced the trial court that the report failed to satisfactorily inform each appellee of the specific conduct being challenged. Palacios, 46 S.W.3d at 878-79.

In view of the conelusory, and at times inconsistent, statements within Dr. Tous-saint’s expert report, we cannot conclude that the trial court abused its discretion in granting appellees’ motion for dismissal. We thus overrule Gray’s sole issue on appeal.

CONCLUSION

We affirm the trial court’s order of dismissal.

1

. Dr. Matorin was the admitting physician. He was non-suited in July 2004.

2

. We note that in Strom v. Mem’l Hermann Hospt. Sys., this court upheld a trial court’s decision to dismiss a remarkably similar suit due to the filing of an inadequate expert report. 110 S.W.3d 216 (Tex.App.-Houston [1st Dist.] 2003, pet. denied). In Strom, the plaintiff similarly alleged that she sustained an injury to her left knee due to improper positioning of her extremities during surgery. Id. at 219. The expert report Strom provided contained considerably more detail than Dr. Toussaint's report, referring specifically to the need to properly pad, strap, and place a patient's extremities during surgery. Id. at 224.