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Verdicts
Case Goes Forward When Objections Filed Late
The trial court did not abuse its discretion in denying a hospital's motion to dismiss for insufficient expert reports because the hospital waived any objection by failing to move for dismissal within 21 days of the reports' filing, held the Austin Texas Court of Appeals. Heart Hospital of Austin v. Matthews, 2006 Tex. App. LEXIS 3846 (Tex. App. ' Austin (3d Dist.), 5/5/06).
Plaintiffs filed suit alleging that the defendant hospital and doctor were negligent in their medical treatment of plaintiffs' father, John Matthews. On Jan. 31, 2005, plaintiffs provided defendants with three expert reports, which the hospital deemed deficient because they did not address the issue of the standard of care. Still, although Texas Civil Practice & Remedies Code '74.351 provides only a 21-day window in which a defendant may move to dismiss, the hospital did not file such a motion until March 7. The hospital explained its delay by saying it was waiting for a urologist's report that plaintiffs had stated would 'hopefully' be provided within the 21-day period, expecting that the new report would address the element of causation. When no such report was filed, the hospital moved to dismiss on March 7. The trial court found that the hospital's delayed objection came too late to be considered.
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