defendant breached standard in Texas

2024“Whether a defendant breached the standard of care due [to] a patient cannot be determined without ‘specific information about what the defendant should have done differently.’” Id. (quoting Palacios, 46 S.W.3d at 880 ). 2.

2024“Whether a defendant breached the standard of care due [to] a patient cannot be determined without ‘specific information about what the defendant should have done differently.’” Id. (quoting Palacios, 46 S.W.3d at 880 ). 2.

2014See Jernigan v. Langley, 195 S.W.3d 91, 94 (Tex. 2006) (agreeing that expert reports were deficient because they failed to address “how Dr. Jernigan breached the standard or how his unstated breach of duty caused [the patient’s] death with sufficient specificity for the trial court, and Jernigan, to determine that the allegations against him had any merit.”); Palacios, 46 S.W.3d at 879 (“Whether a defendant breached his or her duty to a patient cannot be determined absent specific information about what the defendant should have done differently.”); Longino v. Crosswhite, 183 S.W.3d 913, 917 (

2010Jernigan v. Langley, 195 S.W.3d 91, 94 (Tex.2006).

2015Notably, while he reviewed her personnel file, Dr. Reid omits many relevant facts, such as the fact that Ms. Payton had been employed at San Marcos Treatment Center for over five (5) years, since June of 2006, had worked with many other patients like this patient, and had received throughout those years annual education and training through the Crisis Prevention Institute (CPI) and other programs on how to observe, identify and manage difficult and challenging behavior, utilize verbal de-escalation skills, engage in a physical restraint when necessary, and more. 2 Again, in Kingwood Pines Hosp

2015The court explained, “Whether a defendant breached the standard of care cannot be determined without ‘specific information about what the defendant should have done differently.” Id.

2003Whether 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. (“While a ‘fair summary’ is something less than a full statement of the applicable standard of care and how it was breached, even a fair summary must set out what care was expected, but not given.”) (quoting from Palacios , 4 S.W.3d at 865 (Taft, J., dissenting)).

2003Whether 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. (“While a ‘fair summary’ is something less than a full statement of the applicable standard of care and how it was breached, even a fair summary must set out what care was expected, but not given.”) (quoting from Palacios, 4 S.W.3d at 865 (Taft, J., dissenting)).

2024Causation “[A] plaintiff asserting a health care liability claim based on negligence, who cannot prove that her injury was proximately caused by the defendant’s failure to meet applicable standards of care, does not have a meritorious claim.” Zamarripa, 526 S.W.3d at 460 .

2021See Zamarripa, 526 S.W.3d at 459–60 (noting that expert report must explain “how and why” physician’s breach of standard of care proximately caused plaintiff’s injury); see also Kuhn v. Sam, No. 01-20-00260-CV, 2021 WL 3359171 , at *6–9 (Tex. App.—Houston [1st Dist.] Aug. 3, 2021, no pet.) (mem. op.).

2023See Velandia v. Contreras, 359 S.W.3d 674, 679 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (stating that dismissal is automatic, regardless of when the defendant objects, if the report filed constitutes no report at all); Apodaca v. Russo, 228 S.W.3d 252, 257 (Tex. 10 App.—Austin 2007, no pet.) (holding the report which referred to other health care providers but did not mention the sole defendant or discuss how the defendant breached the standard of care or caused injury was no report as to the defendant); see also Valley Baptist Med.

2023See Velandia v. Contreras, 359 S.W.3d 674, 679 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (stating that dismissal is automatic, regardless of when the defendant objects, if the report filed constitutes no report at all); Apodaca v. Russo, 228 S.W.3d 252, 257 (Tex. 10 App.—Austin 2007, no pet.) (holding the report which referred to other health care providers but did not mention the sole defendant or discuss how the defendant breached the standard of care or caused injury was no report as to the defendant); see also Valley Baptist Med.

2015A report that fails to adequately set forth the elements required by the statute 10 is not, by defmition, an "expert report." Whitworth v. Blumenthal, 59 S.W.3d 393, 397 (Tex. App. - Dallas 2001, pet. dism'd by agr.) (holding that report which failed to set forth a standard of care for the Defendant or how the Defendant breached the standard of care was, by definition, not an expert report); see also Shaw v. BMW Healtheare, Inc., 100 S.W.3d 8, 13-14 (Tex. App. - Tyler 2002, pet. denied) (report that did not delineate any standards of care for the Defendant to follow or show what the Defendant

2015A report that fails to adequately set forth the elements required by the statute 10 is not, by defmition, an "expert report." Whitworth v. Blumenthal, 59 S.W.3d 393, 397 (Tex. App. - Dallas 2001, pet. dism'd by agr.) (holding that report which failed to set forth a standard of care for the Defendant or how the Defendant breached the standard of care was, by definition, not an expert report); see also Shaw v. BMW Healtheare, Inc., 100 S.W.3d 8, 13-14 (Tex. App. - Tyler 2002, pet. denied) (report that did not delineate any standards of care for the Defendant to follow or show what the Defendant

2015See, Kingwood Pines Hospital, LLC v. Gomez, 362 S.W.3d 740, 747 (Tex. App.— Houston [14th Dist.] 2011, no pet.); Ortegon, 2008 Tex. App. LEXIS 1576 at *13; Nichols v. Nacogdoches Hospital District, 96 S.W.3d 582, 586 (Tex. App.—Tyler 2002, no pet.).

2014See Jernigan v. Langley, 195 S.W.3d 91, 94 (Tex. 2006) (agreeing that expert reports were deficient because they failed to address “how Dr. Jernigan breached the standard or how his unstated breach of duty caused [the patient’s] death with sufficient specificity for the trial court, and Jernigan, to determine that the allegations against him had any merit.”); Palacios, 46 S.W.3d at 879 (“Whether a defendant breached his or her duty to a patient cannot be determined absent specific information about what the defendant should have done differently.”); Longino v. Crosswhite, 183 S.W.3d 913, 917 (

2012See e.g., Haskell, 363 S.W.3d at 760–61 (report that did not name defendant, apply any standard of care to her, or identify any negligent conduct on her part was deemed “no report” in direct-liability case).

2008But, A [w]hether a defendant breached the standard of care due a patient cannot be determined without > specific information about what the defendant should have done differently. = @ Gray , 189 S.W.3d at 859 (quoting Palacios , 46 S.W.3d at 880 ); see also CHCA Mainland L.P. v. Burkhalter , 227 S.W.3d 221, 227 (Tex. App. C Houston [1st Dist.] 2007, no pet.) ( A a > fair summary = is something less than a full statement of the applicable standard of care and how it was breached, [but] even a fair summary must set out what care was expected but not given @ ).