Russ Thornton 3 For 3 on Physician Appeals in 2011
Thiebaud Remington Thornton Bailey LLP partner Russ Thornton has a perfect batting average on appeals in 2011 – he’s three for three on court rulings in favor of his physician clients so far this year.
In a nine-week period from the last week of February through the first week of May, Russ collected favorable appellate rulings from two different Texas courts of appeals in three different cases, each with distinct legal issues related to health care liability claims aserted against doctors.
On February 24, in the case of White v. Willenborg, 2011 Tex. App. LEXIS 1455, the Fort Worth Court of Appeals affirmed a trial court’s ruling granting the physician’s motion to dismiss and denying the plaintiff’s claim that he was entitled to an extension of time to file expert reports pursuant to Chapter 74, Texas Civil Practice & Remedies Code, even though the doctor had failed to provide all of his records in response to a request.
In Hyunh v. Washington, 2011 Tex. App. LEXIS 2214, the Dallas Court of Appeals issued a memorandum opinion on March 28 reversing a trial court’s denial of Dr. Hyunh’s motion for summary judgment under Section 101.106 of the Texas Tort Claims Act and rendering judgment in the doctor’s favor.
The same court ruled in favor of Russ’s client again on May 4 in Badhiwala v. Favors, 2011 Tex. App. LEXIS 3342. The court of appeals held that the trial court improperly denied the doctor’s objections to the plaintiff’s Chapter 74 expert reports and remanded the case to the trial court for further proceedings on the issue.
Russ practices in the firm’s medical and business litigation, administrative, and appellate practice groups.