A Texas Appellate Court has held that a trial court had not erred in denying a defendant’s motion to dismiss based on a plaintiff expert physician’s failure to perform the procedure at issue in the case within the last 20 years.
Alice Waggoner sued physician Dr. Carl Jones, maintaining that he breached the standard of care by performing an endoscopic retrograde cholangiopancreatography (ERCP) before running another noninvasive test to determine whether an ERCP was necessary.
Under Texas law, the plaintiff served the defendant with an expert report by Dr. Perry Hookman, a board-certified physician in both internal medicine and gastroenterology.
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