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VAN NESS v. ETMC FIRST PHYSICIANS

No. 14-0353

461 S.W.3d 140 (2015)

Melissa VAN NESS, Individually and as Next Friend, an Heir at Law, and a Surviving Parent of Nicholas Van Ness, Ronald Van Ness, Individually and as Next Friend, an Heir at Law, and a Surviving Parent of Nicholas Van Ness, and Estate of Nicholas Van Ness, Petitioners, v. ETMC FIRST PHYSICIANS & Kristin Ault, D.O., Respondents

Supreme Court of Texas.

Rehearing Denied June 19, 2015.

Attorney(s) appearing for the Case

Heidi O. Vicknair , Jason Charles Webster , Houston, Tina Brumbelow , Tyler, Vincent L. Marable III , Paul Webb, P.C., Wharton, for Petitioners Estate of Nicholas Van Ness, Melissa Van Ness, Ronald Van Ness, individually and as next friend, heirs at law, and surviving parents of Nicholas Van Ness.

Russell G. Thornton , Thiebaud Reniington Thornton Bailey LLP, Dallas, for Respondents Kristin Ault, D.O., ETMC First Physicians.

PER CURIAM

This case, which is subject to the Texas Medical Liability Act (TMLA), TEX. CIV. PRAC. & REM. CODE ch. 74, involves the adequacy of an expert report. The issue is whether the trial court abused its discretion by denying the defendants' motion to dismiss in light of conflicting statements in the plaintiffs' expert report, some of which the defendants alleged, and the court of appeals held, failed to link the expert's conclusions to the underlying...

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