Michael J. Sacopulos, Esq.
Earlier this month a Galveston County Texas Judge dismissed a medical malpractice claim against Mainland Center Hospital. The malpractice action had been brought by Jim Howard, III. Howard alleged that the emergency room staff at Mainland Center Hospital broke his femur in March of 2009. Howard’s action was originally filed on June 13, 2010. The Court ordered Howard to present an expert report that supported his claims of professional negligence within a 120 day timeframe. That timeframe ended February 23, 2011. Counsel for the defendant notified the Court that an expert report had not been filed and requested that Howard’s action be dismissed. Approximately 13 months after the initiation of the litigation, the suit was dismissed by the Court for Howard’s failure to provide an expert report.
At this time, Howard is incarcerated in the Texas Department of the Criminal Justice System for intoxicated manslaughter and intoxicated assault. This case underscores several important facts about medical malpractice litigation. First, it is easier for a patient to bring a suit than it is for a defendant to have the suit dismissed. Secondly, an expert witness is a critical component to medical malpractice actions.
