TYLER - The 12th Court of Appeals has affirmed a ruling finding that an expert report in health care liability claim was adequate.
Court records show Pinecrest Nursing and Rehabilitation Center appealed a trial court’s order denying its motion to dismiss a suit brought by Vernon Caddell, power of attorney for Vernell Brown..
On Nov. 26, 2022, Brown was a resident at Pinecrest, a skilled nursing facility in Tyler, when she fell attempting to get out of bed, according to the 12th Court’s Aug. 29 opinion.
The camera in the room recorded the fall, and Brown was transported to the emergency room, where she was diagnosed with a hip fracture. However, the medical staff determined that the fracture predated the fall by “a couple weeks.”
As a result of the fall, Caddell, as Brown’s power of attorney, brought a healthcare liability claim against Pinecrest alleging negligence in its care of Brown. In order to comply with Chapter 74 of the Texas Civil Practice and Remedies Code, Caddell served Pinecrest with an expert report authored by Dr. Keith E. Miller.
Pinecrest filed objections to Miller’s report and a motion to dismiss. After Miller supplemented his report, Pinecrest renewed its objections and again moved for dismissal. The trial court denied Pinecrest’s motion and the appeal followed, the opinion states.
On appeal, Pinecrest argued the trial court abused its discretion and that Miller’s report inadequately addressed breach and causation and relies on conjecture and conclusory assertions.
The 12th Court held that the trial court correctly concluded that Miller’s report satisfies Chapter 74’s requirements on at least one theory.
“These portions of Miller’s report adequately articulate his opinions regarding causation because they explain how and why Pinecrest’s alleged breach of the articulated standard of care led to Brown’s injuries,” the opinion states. “The report ‘draws a line directly’ from Pinecrest’s failure to implement interventions to prevent falls, i.e. gripper socks, locked bed rails, etc., to Brown’s admittance to the hospital and pain associated with the November 26 fall.”
Appeals case No. 12-25-00086-CV
