Benavides v. Garcia

In Benavides v. Garcia, 278 S.W.3d 794 (Tex. App.--San Antonio 2009, pet. denied), the court concluded the expert report linked the breach of the standard of care by failing to diagnose preeclampsia and severe preeclampsia and by failing to timely admit the mother to the hospital to the conclusion that such breaches resulted in severe untreated preeclampsia and death from cardiorespiratory arrest, as well as the traumatic delivery and injuries sustained by the infant. The report stated that if Benavides (the treating physician) had not repeatedly breached the standard of care, "In all medical probability Mrs. Garcia would have survived and her infant would not have suffered prolonged anoxia and other injuries . . ., due to the cardiopulmonary arrest and resuscitation." Id. at 801-02. When the causation section was examined in the context of the entire report, it was sufficient, and permitted the trial court to conclude that Garcia's claims against Benavides had merit. Id. at 802.