Firm Secures Appellate Win for Doctor in Med-Mal Case
July 12, 2019
The firm’s William A. Newman, Jeffrey W. Ryan and Jessica Eaton have secured a significant defense win in a Texas appellate court on behalf of a Dallas physician. The Fifth District’s opinion reversed a trial court’s ruling, finding that the plaintiff’s expert report failed to show that the standard of care for a discharge after surgery was violated.
“The report fails to describe any treatment he should have received during this additional night or how that treatment would have been effective at reducing his risk of falling due to his impaired mobility and weakness due to pain medications,” the panel wrote in a 12-page CoA Opinion.
The case is Matthew Lovitt M.D. v. Raymond L. Colquitt, case number 05-18-00939-CV, in the Court of Appeals, Fifth District of Texas at Dallas.