Texas Court Says Expert Report Flawed In Spinal Surgery Suit

Law360 (October 16, 2020, 5:08 PM EDT) -- A Texas appellate panel said an expert opinion submitted by a woman suing a physician for botching a spinal surgery was inadmissible since it didn't adequately explain how the doctor caused the woman's injuries, and instructed the trial court to determine whether the report can be fixed.

A three-judge Second Court of Appeals panel on Thursday reversed the denial of Dr. Thomas Alexander Mitchell's dismissal bid in a suit accusing him and others of causing patient Lesa Swanson to suffer extensive and permanent injuries after a surgeon misplaced spinal screws during the second of two spinal fusion surgeries.

The suit claims...

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