Giddens v. Brooks

The trial court dismissed with prejudice this medical malpractice suit because the plaintiff, James E. Giddens, failed to produce an expert report supporting his claim. Appellant Giddens broke his jaw in a motor vehicle accident in July 1998 and thereafter sued Dr. Karen Brooks and Memorial Medical Center of East Texas ("Hospital") regarding his medical treatment. He alleges that Brooks negligently failed to diagnose and treat the jaw injury, and that it was not until some weeks after the accident that another physician correctly diagnosed the fracture and performed the necessary corrective surgery. On appeal Giddens asserts the trial court abused its discretion when it dismissed his suit for failing to comply with the requirements of the Texas Medical Liability and Insurance Improvement Act. He maintains he complied with the Act by timely filing medical reports and medical records. Giddens also maintains the trial court erred in denying his request to appear at the hearing on the appellees motions to dismiss his suit.