Manor Care Health Services, Inc. v. Ragan

Appellants, Manor Care Health Services, Inc.; Four Seasons Nursing Centers, Inc. d/b/a Manor Care Health Care; Statex Corporation d/b/a Manor Care Health Services; HCR Manorcare Mesquite, L.P.; and Healthcare & Retirement Corporation of America, file this interlocutory appeal from the trial courts denial of their motion to dismiss a health care liability claim. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(9) (Vernon Supp. 2005) (authorizing interlocutory appeals). Appellee, Jerome Ragan, sued appellants in his individual capacity and on behalf of the estate of Paulette Ragan, deceased. In their motion to dismiss, appellants attacked the sufficiency of medical expert reports filed by appellee. On appeal, appellants contend that in making its determination on the motion, the trial court should have considered only the first expert report filed by appellee and not the second report. Appellants further contend that regardless of whether only the first report is considered or both reports are considered, the reports are deficient, and therefore, the trial court erred in refusing to dismiss the claims. We affirm.