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eBook details

• Title: Farishta v. Tenet Healthsystem Hospitals Dallas
• Author : Virginia Supreme Court
• Release Date : January 25, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

In one issue, Appellant Ashraf Farishta ("Ashraf"), Individually and as Next Friend for Inaya Farishta ("Inaya"), asserts that the trial court abused its discretion, "by looking beyond the four corners of the expert reports, in [an] effort to strike [P]laintiffs expert reports under § 74.351." See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (Vernon Supp. 2006). While we are not completely certain of the meaning of this issue in the context of the briefing, we agree that the trial court must look only to the four corners of the expert report to determine its adequacy. See Bowie Meml Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex. 2002). We will construe the issue within the context of the briefing to mean the trial court abused its discretion in striking the Plaintiffs expert reports for not meeting the statutory requirements. See TEX. R. APP. P. 38.9. We reverse and remand to the trial court.

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