Texas Doctor Fails to Ditch Patient Suit Alleging Sexual Assault – Bloomberg Law

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A Texas woman can proceed with a lawsuit alleging that her doctor sexually assaulted her while she was in the recovery room after a breast augmentation procedure, a state appeals court said.

Michelle Maestas’ complaint didn’t allege a health-care liability claim and thus wasn’t subject to dismissal for her failure to file an expert report under the Texas Medical Liability Act, the Texas Court of Appeals, First District, said Tuesday.

The TMLA sets out strict notice and pleading requirements for medical malpractice claims. Among them is a requirement that the plaintiff serve the defendant with an expert report attesting to …

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