Ballan v. Gibson

In Ballan v. Gibson, 151 S.W.3d 281 (Tex. App.--Dallas 2004, no pet.), a patient died in the emergency room as a result of arteriosclerotic cardiovascular disease, and the plaintiffs brought suit alleging his doctor was negligent by his failure to treat five cardiac risk factors. The expert's report did not state how the doctor's alleged failure to act regarding three of the risks caused Ballan's death, nor did it rule out the factors beyond the doctor's control as the cause of death. Ballan, 151 S.W.3d at 284. The court held that the expert report was conclusory and affirmed the motion to dismiss. Id.