[Download] "Broom V. Macmaster" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Broom V. Macmaster
- Author : Texas Court of Appeals
- Release Date : January 03, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
On the last day before the statute of limitations was to run on her claims, Linda J. Broom filed a medical malpractice suit against Dr. Benzel C. MacMaster and Presbyterian Hospital of Dallas. Broom did not, however, provide MacMaster with an expert report within 180 days of filing her suit as required by the Medical Liability and Insurance Improvement Act. We must decide whether Broom proved she was entitled to the grace period provided by the Act within which to file the report and avoid dismissal of her claims against MacMaster. We must also decide whether Broom was diligent in effecting service of process on Presbyterian Hospital, thus precluding application of the statute of limitations to bar her claims against it. Because Broom failed to show her late filing of the expert report was a result of accident or mistake, we conclude she did not prove she was entitled to the grace period provided by the Act, and we affirm the trial court's dismissal of Broom's claims against MacMaster. Further, we conclude Broom did not use due diligence in attempting to serve Presbyterian Hospital, and we affirm the trial court's summary judgment in the hospital's favor.