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DIAZ-ROHENA v. MELTON

No. 07-0173.

253 S.W.3d 218 (2008)

Roberto DIAZ-ROHENA, M.D., Petitioner, v. Cynthia S. MELTON, Respondent.

Supreme Court of Texas.

April 11, 2008.

Attorney(s) appearing for the Case

J. Wade Birdwell, D. Michael Wallach, Charles Davis Chapman, Wallach, Andrews & Stouffer, P.C., Fort Worth, Larry Dean Thompson Jr., Weil, Gotshal & Manges, David J. Escobar, Lorance & Thompson, P.C., Houston TX, for Petitioner.

Robert L. Chaiken, Greg S. Gober, Steven D. Goldston, Chaiken & Chaiken, P.C., Dallas TX, for Respondent.

Lynn Cullen Moore, Rymer, Moore, Jackson & Echols, P.C., Houston TX, for Person Interested.

PER CURIAM.

Cynthia Melton filed this suit claiming Dr. Diaz-Rohena negligently performed surgery on her left eye and negligently conducted post-operative treatment. As required by statute, within 120 days of filing Melton served a curriculum vitae and expert report signed by Dr. John H. Maggiano supporting her claim.1 Dr. Diaz-Rohena moved for dismissal and attorney's fees on the ground that the expert report was inadequate,

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