Christus Health Se. Tex. v. Broussard
In Christus Health Se. Tex. v. Broussard, 306 S.W.3d 934, 939 (Tex. App.--Beaumont 2010, no pet.), the court held that, despite inconsistencies between assertions made in a plaintiff's expert report and those made in a defendant's motion to dismiss, a trial court may not look beyond the four corners of the expert report to determine whether the facts asserted in the report are false. Id. ("Because defendants' motion asked the trial court to look beyond the four corners of the report and determine fact issues based on an affidavit and documents not reviewed or relied on by the expert, the trial court did not abuse its discretion in denying the motion to dismiss.").
The court in Broussard clearly noted that extraneous information, which was not relied upon by an expert in making his determinations and which does not appear in the report, may not be reviewed in determining the sufficiency of an expert report. Id.