(DOWNLOAD) "Polone v. Shearer" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free
eBook details
- Title: Polone v. Shearer
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 02, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In these accelerated, interlocutory appeals, Appellants Shannon Polone, P.A.-C. and Francis R. Lonergan, M.D. appeal the trial courts orders denying their motions to dismiss the health care liability claims of Appellee Monica Shearer. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(9) (Vernon 2008). In two issues, Polone argues that Shearer failed to comply with civil practice and remedies code section 74.351 because the medical expert reports that she filed are inadequate and fail to show that the authoring experts are qualified to offer an expert opinion regarding the standard of care applicable to a physicians assistant. See id. § 74.351(b), (l) (Vernon Supp. 2008). Dr. Lonergan also argues that Shearer failed to file an adequate expert report in compliance with civil practice and remedies code section 74.351, but he contends in two issues that the opinions of the authoring experts are speculative and conclusory and that the experts failed to adequately address Shearers specific claims. See id. We affirm in part and reverse and remand in part.