Cantu v. Horany

In Cantu v. Horany, 195 S.W.3d 867, 873 (Tex. App.--Dallas 2006, no pet.), the plaintiffs brought a legal malpractice claim complaining of their former attorney's handling of a medical malpractice lawsuit. The trial court granted the attorney's motion for summary judgment. The Dallas court affirmed and noted that plaintiffs offered expert testimony that counsel breached his standard of care by not suing all of the responsible medical and nursing providers and that the legal expert also testified that more likely than not a suit against these parties would have been successful. Plaintiffs did not, however, produce any medical expert testimony corroborating this contention. The Dallas court held that, without this, the plaintiffs failed to raise a fact question on whether they would have prevailed in a medical malpractice lawsuit. Id. at 874.