In Estate of Allen v. Polly Ryon Hosp. Auth., No. 01-04-00151-CV, 2005 WL 497291 (Tex. App.--Houston 1st Dist. March 3, 2005, no pet.), an elderly male patient suffered from pressure ulcers, and his family sued his treating doctors and hospital for negligent nursing care.
The expert report described the standard of care for treatment of pressure ulcers and alleged that the hospital and doctor had not followed the appropriate standard.
The report then stated that, "as a result these wounds were more likely to persist and/or worsen, increasing the patient's level of pain and risk of wound infection." Id.
The court found that a report that "recites mere possibilities of a better outcome, as here, without explaining how the defendant caused the injury alleged, is conclusory and therefore does not comply with the good-faith effort requirement of the statute." Id.