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GALLARDO v. UGARTE

No. 08-03-00374-CV.

145 S.W.3d 272 (2004)

Roberto GALLARDO, Jr., Individually and as Representative of the Estate of Roberto Gallardo, Deceased, Appellant, v. Adrian O. UGARTE, M.D., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled October 13, 2004.

Attorney(s) appearing for the Case

Jay K. Gray, Bedford, for Appellant.

Angela Morrow Nickey Robles, Bracken, Coffman & Hughes, L.L.P., El Paso, for Appellee.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.

OPINION

SUSAN LARSEN, Justice.

The trial court dismissed this medical malpractice suit on the ground that the plaintiff failed to file an adequate expert report. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Roberto Gallardo died in August 1999. He was a resident of Sunset Haven Nursing Center and a patient of Appellee Adrian O. Ugarte. In July 2001, Gallardo's son, Appellant Roberto Gallardo, Jr., sued Sunset, Ugarte...

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