Villa v. Hargrove

This appeal arises from the trial courts dismissal of a medical malpractice suit. Appellants Lamar Villa and his family (Villas) filed suit against Appellees Dr. Lubrett Hargrove (Hargrove) and Christus Spohn Health System d/b/a Christus Spohn Brooks Family Health Center (Health Center) on April 6, 2001. The Villas presented the appellees with an expert report on June 12, 2001, within the 180-day deadline prescribed by Article 4590i §13.01(d). On December 5, 2001, Hargrove filed a motion to dismiss, based on his belief that the report failed to comply with the expert report requirements iterated in Article 4590i §13.01(r)(6). On December 7, 2001, the Health Center filed its own motion to dismiss based on the same reasoning. Following a hearing, the trial court granted the appellees motions, dismissing the Villas causes of action. The Villas now appeal, raising three issues.