Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of February 01, 2010

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Davisson v. Nicholson,  No. 02-09-00169-CV    (Feb. 4, 2010)     (Livingston, J., joined by Walker, J.). [Note: This opinion was withdrawn March 25, 2010 and a new opinion was substituted.]

Held:  The trial court did not abuse its discretion by denying appellants' motions to dismiss this health care liability case as to appellees' claims that appellants failed to properly and adequately assess, monitor, and treat appellee James Nicholson and that they continued to prescribe James Adderall without a timely and proper evaluation. Appellees' expert psychologist was qualified to opine as to the applicable standard of care and alleged breach by Dr. Davisson, a psychologist. Appellees' expert medical doctor was qualified to opine as to the applicable standard of care and alleged breach by Dr. Self, a medical doctor; he was also qualified to opine as to medical causation for both of those doctors. Because appellees alleged that the clinic's liability was vicarious through either Dr. Davisson or Dr. Self, the reports were also adequate as to the clinic.

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