In Farishta v. Tenet Healthsystem Hosps. Dallas, Inc., 224 S.W.3d 448 (Tex. App.--Fort Worth 2007, no pet.), the plaintiff alleged that the defendant's negligence was a proximate cause of the plaintiff's infection, related injuries, illness, developmental impairment, and damages. Id.
In a Tex. Civ. Prac. & Rem. Code section 74.351 report, the plaintiff's expert opined that the defendant's alleged breach of the standard of care caused respiratory distress, cyanosis, pneumonia, and other injuries sustained at birth. Id.
The expert did not address developmental impairment, which the plaintiff had alleged in her petition. Id. The Farishta court held that the trial court properly dismissed the plaintiff's claims related to developmental impairment and illness other than those specifically enumerated in the report because the expert failed to provide a fair summary regarding the causal link between those damages and the defendant's breach of the standard of care. Id.