Texas Doc Can't Ax Ex-Patient's Suit Over Crutches Injury
By Michelle Casady (August 23, 2018, 8:51 PM EDT) -- A doctor hit with a malpractice lawsuit after allegedly not instructing a patient with an ankle injury on how to properly use crutches lost his bid Thursday to toss the claim when a Texas appellate court held the expert reports the patient submitted in support of her allegations were not deficient, as the doctor had argued.
Dr. Darnell Pettway had alleged the expert report former patient Maria Olvera submitted, written by Charles Xeller, a board-certified orthopedic surgeon, was insufficient because Xeller was not qualified to offer an opinion on the standard of care that applies "to an emergency medicine physician."...
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