WOMEN'S CLINIC OF SOUTH TEXAS v. SENAIDA ALONZO--Appeal from 93rd District Court of Hidalgo County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 13-12-00537-CV

Case Date: 06/13/2013

Plaintiff: WOMEN'S CLINIC OF SOUTH TEXAS

Defendant: SENAIDA ALONZO--Appeal from 93rd District Court of Hidalgo County (Majority)

Preview:NUMBER 13-12-00537-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
WOMEN'S CLINIC OF SOUTH TEXAS, v. SENAIDA ALONZO, Appellee. Appellant,

On appeal from the 93rd District Court of Hidalgo County, Texas.

MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion by Justice Rodriguez
Appellant Women's Clinic of South Texas challenges the trial court's denial of its motion to dismiss appellee Senaida Alonzo's health care liability claim. By one issue, the Clinic argues that the trial court abused its discretion in denying its motion to dismiss

Alonzo's vicarious liability claim because Alonzo failed to serve the Clinic with an expert report after the vicarious liability claim was filed. We affirm. I. Background On April 23, 2009, Alonzo filed suit against the Clinic, Fernando J. Otero, M.D., Orestes Molina, M.D., and Heriberto Rodriguez-Ayala, M.D. claiming negligence in connection with their alleged failure to diagnose and treat her ectopic pregnancy before emergency surgery required the removal of her left fallopian tube and ovary. The Clinic answered on May 13, 2009. On August 17, 2009, Alonzo served the Clinic with her expert report, authored by Margaret Thompson, M.D., J.D. On August 28, 2009, the Clinic filed its objections to the expert report and its first motion to dismiss, arguing that Alonzo's expert report failed to set out the required standard of care, breach, and causation elements, that Dr. Thompson's qualifications to author an expert report as to the Clinic were not established, and that the report did not contain Dr. Thompson's curriculum vitae (CV). Women's Clinic of S. Tex. v. Alonzo, No. 13

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