Texas Doc Can't Ax Ex-Patient's Suit Over Crutches Injury

Law360 (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.”...

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!

TRY LAW360 FREE FOR SEVEN DAYS

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?
Beta
Ask a question!