Court Reverses Decision Permitting Negligence Claims against Physician

SAN ANTONIO, Texas - A Texas appellate court has ruled that a trial court erred in denying a prescribing physician's motion to dismiss a Celebrex plaintiff's claims, stating that the plaintiff failed to timely provide an expert report. Toro v. Alaniz, et al., No. 04-06-814-CV (Texas 4th Dist. Ct. App.).

In an April 25 opinion, the 4th District Court of Appeals said Emilio Alaniz Sr. did not file an expert report within 120 days of filing the wrongful death and medical malpractice lawsuit as required by Texas law. The court added that the timeline cannot be extended by filing an …