Palacios V. American Transitional Care Centers Of Texas

Appellants ("the Palacios") appeal from an order dismissing their medical malpractice case pursuant to Tex. Rev. Civ. Stat. Ann. art. 4590i, § 13.01(e) (Vernon Supp. 1999) ("the Act"). We hold that the expert's report constituted a "good faith effort" to provide a "fair summary" of the Palacios' claims against appellee (the Hospital) under section 13.01(1) and (r)(6) of the Act. We further hold that the proper standard of review for this issue is not the abuse of discretion standard, as the Hospital argues, but a variant of the familiar standard used for appellate review of summary judgments. We reverse and remand.