Hansen V. Starr - In the Court of Appeals Fifth District of Texas at Dallas

Hansen V. Starr

By In the Court of Appeals Fifth District of Texas at Dallas

  • Release Date: 2003-07-23
  • Book Genre: Law
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Hansen V. Starr by In the Court of Appeals Fifth District of Texas at Dallas

In this appeal, we once again address a trial court's dismissal of health care liability claims due to the plaintiffs' failure to file an adequate expert report as required by section 13.01 of the Medical Liability and Insurance Improvement Act. Joan Susan Hansen individually and as sole distributee of the estate of Allen Wayne Hansen, deceased, and as next friend of their minor children, together with Sara Ann Hansen, and Ina Hansen challenge the trial court's dismissal of their claims against Alicia Starr, M.D., John C. Pestaner, M.D., and Mitchell Magee, M.D. The Hansen family argues the trial court abused its discretion in dismissing the family's claims for failure to file an adequate expert report. They contend the defendant doctors waived any complaint about the report by failing to timely challenge its adequacy and the report satisfied the good faith requirement of section 13.01. In the alternative, the Hansens contend they should have been granted a grace period to cure any insufficiencies in the report. After reviewing the record, we conclude the doctors did not waive their right to challenge the adequacy of the expert report and the report did not meet the statutory requirements of the Act. We further conclude the Hansen family was not entitled to a grace period within which to file a new report. Accordingly, we affirm the trial court's judgment dismissing the Hansens' claims.

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