Texas Doc Must Face Post-Surgery Malpractice Claim

Law360 (February 18, 2021, 6:20 PM EST) -- A Texas appeals court on Thursday shot down a bid by a surgeon to escape a suit alleging he failed to catch a patient's internal injury following an appendectomy, saying the patient's expert witness report is sufficient to let the case move forward.

The decision ends the second appeal by Dr. Anil Sinha over the expert's report in the suit filed by Roger Niebuhr, with the appeals court finding the amended report fixes the deficiencies that led to its earlier rejection.

Sinha performed an appendectomy on Niebuhr on July 16, 2015, and sent him home the same day, according to the...

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