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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!