Baylor Medical Center At Waxahachie v. Wallace

This interlocutory appeal involves a medical malpractice action brought by Richard and Debbie Wallace against Baylor Medical Center at Waxahachie and Baylor Healthcare System d/b/a Baylor Medical Center at Waxahachie (Baylor Medical Center). Baylor Medical Center appeals the trial courts order denying its motion to dismiss, pursuant to section 74.351(b) of the Texas Civil Practice and Remedies Code. In two issues, Baylor Medical Center argues the trial court erred in denying its objection to the medical experts report when it: (1) failed to sustain Baylor Medical Centers objection that the medical experts report was required to address the "standard of care" in emergency medical care provided in section 74.153 of the Texas Civil Practice and Remedies Code; (2)(a) failed to sustain Baylor Medical Centers objection that the medical expert was unqualified to render a report against Baylor Medical Center; and (2)(b) failed to sustain Baylor Medical Centers objection that the medical experts report was insufficient to satisfy the required statutory element of causation.