Costello v. Christus Santa Rosa Health Care Corp

In Costello v. Christus Santa Rosa Health Care Corp, 141 S.W.3d 245, 249 (Tex. App.-San Antonio 2004, no pet.), the trial court granted the hospital's motion to dismiss. Id. at 247. The expert, Dr. Schilling, opined that "if this patient would have been appropriately triaged and evaluated, then in all reasonable medical probability she would have survived." Id. The San Antonio Court of Appeals affirmed the trial court's ruling that this statement was insufficient: "Although the Act only requires a "fair summary" of his opinions, Dr. Schilling's mere assertion that the patient would have survived is conclusory and is not sufficient. Nowhere in Dr. Schilling's report does he explain the causal connection between Christus's claimed omissions (failure to appropriately triage and evaluate) and Lozano's death. Dr. Schilling offers no explanation of what medical information a more timely triage and evaluation would have revealed, nor does he state what would have been done had Christus not failed to act, what treatment would have or could have been available, that the patient was a candidate for the unknown treatment, or that the unknown treatment could have or would have been effective. Dr. Schilling's report fails to state how Christus's failure to act was a substantial factor in bringing about Lozano's death and without which her death would not have occurred." Id. In that case the expert report contained the following single sentence on causation: "Dr. Schilling's report states, 'If this patient would have been appropriately triaged and evaluated, then in all reasonable medical probability she would have survived.'" Costello, 141 S.W.3d at 249. The Court held that the expert's assertion that the patient would have survived was conclusory and we listed a variety of deficiencies in the report. Id. For example, the report did not explain the causal connection between failure to appropriately triage and evaluate and the patient's death; offered no explanation of what medical information a more timely triage and evaluation would have revealed; did not state what would have been done had Christus not failed to act; did not state how Christus' failure to act was a substantial factor in bringing about the patient's death and without which her death would not have occurred; and did not explain the medical basis or reasoning for the conclusion that Lozano "in all reasonable medical probability" would have survived. Id.