Cayton v. Moore

In Cayton v. Moore, 224 S.W.3d 440, 447 (Tex. App.--Dallas 2007, no pet.), a patient who underwent a cervical discectomy sued her physiatrist, among others. Cayton, 224 S.W.3d at 442-43. The part of the expert report that addressed causation stated that the plaintiff would have suffered only mild to no permanent injury if she had received surgery "within a day or so" of her evaluation at a hospital, and did not mention the physiatrist at all. Id. at 447. Because the physiatrist did not see the patient until four days after the hospital evaluation, the appellate court held that the report failed to adequately address the causal relationship between the physiatrist's alleged breach of the standard of care and the alleged injury. Id.