Texas medical malpractice claims must meet certain requirements in order to continue in court. In a recent case, the Supreme Court of Texas issued a decision concerning a plaintiff’s requirement to submit an expert report in a medical malpractice case.In that case, a woman had cataract surgery on her left eye. Before the surgery began, a nurse anesthetist administered anesthesia by injecting anesthetic into the space behind the globe of her eye. The woman alleged that the nurse negligently inserted the needle into her left optic nerve, causing her permanent nerve damage and vision loss.
The woman sued the nurse and his employer. In support of her claim, she submitted an expert report, which she later amended. The expert stated that he believed that the woman suffered an injury to the left optic nerve as a result of the nurse’s administration of anesthesia. The expert believed that the nurse was negligent in part by damaging the woman’s left optic nerve by sticking it with the needle.