In July 2008, plaintiff Ted Slaughter filed a medical malpractice lawsuit claiming he was not promptly treated by the Beaumont Bone & Joint Institute after cutting his left hand in a circular saw. Slaughter alleges the delay led to the amputation of his right index finger. On March 4, justices seated on the Texas Ninth District Court of Appeals issued a memorandum opinion that partially reversed the lower courts ruling which kept several Beaumont Bone & Joint employees trapped in the ongoing litigation.
The clinic, in its appellate brief, argued that the “trial court abused its discretion in failing to dismiss (Slaughter’s) claims of direct negligence … when these claims were not (thoroughly) discussed in any expert report.” Conversely, Slaughter argued the appellate court lacks jurisdiction over the matter and claimed the medical malpractice expert witness report does not have to conform to Texas civil law since “no new claims were made in the amended petition.”
For more, see Southeast Texas Recordhttp://www.setexasrecord.com/.