In Columbia North Hills Hospital, Subsidiary LP v. Tucker, a defendant appealed the court’s denial of its motion to dismiss. The case arose when the plaintiff checked into the hospital with serious abdominal pain. Although she was discharged, she returned the same day and had to have a surgery. After surgery, she was transferred to a room with a note on her patient care plan saying that she had a high risk to fall. When she went to use the restroom three days later, she fell and a nurse found her on the restroom floor. She was discharged from the hospital, even though the injuries from the fall were serious, and she had to undergo surgeries to her back and neck because of them.
She sued the hospital and other defendants, alleging negligence and gross negligence. She attached a Nurse Dexter’s report to her petition. The defendants objected. She also served an expert report by Larry Kjeldgaard, but this report was late. She also amended her pleadings so that her suit would proceed only against the hospital.
The hospital moved to dismiss her case on the grounds that the Dexter report didn’t satisfy the legal requirements of § 74.351(a) for an expert report and that the other report was late. The trial judge sustained the defendant’s objections to the Dexter report but allowed the plaintiff to file a compliant report. She filed an amended pleading to which she attached reports from both experts.