Lynda Michelle Gonzalez, Individually, on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Donna H. Voldahl v. Augustine O. Eleje, M.D.; Augustine O. Eleje, M.D., P.A.; Antonio Morales Ortega, M.D.; Antonio M. Ortega, M.D., P.A.; and Haroutioun S. Shahinian, M.D.

Summary

The Texas Eighth Court of Appeals considered whether the trial court improperly excluded the plaintiff’s sole medical expert in a wrongful-death medical-malpractice action. The court held that the expert was qualified to testify regarding the standards of care applicable to the internal-medicine physician and the hematologist, and it reversed the take-nothing judgment and remanded for a new trial. The excerpt does not show the opinion’s date, reporter citation, or final page.

Holdings

1. Awad was qualified to testify regarding the standard of care applicable to Eleje, an internal-medicine physician, even though Awad was not board-certified in internal medicine.
2. Awad was qualified to testify regarding the standard of care for a physician administering steroids to a patient with suspected or established infection and sepsis, despite lacking hematology board certification.
3. Awad was qualified to testify regarding the standard of care for an infectious-disease physician managing postoperative abdominal infection and sepsis.
4. Awad was qualified under Texas Rule of Evidence 702 and Texas Civil Practice and Remedies Code section 74.403(a) to offer causation testimony.
5. Awad's causation testimony was not wholly speculative or based on surmise; weaknesses in the factual basis generally affected the testimony's weight rather than its admissibility.
6. The exclusion of Awad's testimony was harmful and probably caused the rendition of an improper judgment because the testimony was critical to both standard of care and causation.

Questions Presented

1. Whether the trial court abused its discretion by excluding Awad's testimony regarding the standard of care applicable to the internal-medicine, hematology, and infectious-disease physicians.
2. Whether Awad was qualified under Texas law to testify about causation.
3. Whether Awad's causation opinions were speculative.
4. Whether exclusion of Awad's testimony probably caused the rendition of an improper judgment.

Disposition

reversed_and_remanded