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Allegation Surgeon’s Physical Condition Contributed to Negligent Performance Is Not Separate Cause of Action


After filing a malpractice action alleging that three consecutive spinal surgeries were negligently performed on the plaintiff, it was learned that the surgeon suffered from carpal tunnel syndrome and a hip condition. The complaint was amended to include allegations that these physical conditions contributed to the surgeon’s negligent performance of the surgeries.

 

The appellate court held that these allegations did not constitute a new cause of action or a new theory of negligence and, therefore, did not require a supporting expert report. See: Peloza v. Cuevas, 2012 WL 32384 (Tex.App.-Dallas Jan 06, 2012) (not designated for publication).

 

 

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