Failure To File Medical Expert Witness Report

A. David Tammelleo, JD, a nationally recognized authority on health care law, writes in Caveat To Physicians Having Lasers In Their Offices:

Recently, the development and refinement of the laser has opened a panorama of areas in which laser treatments can be used. However, whenever lasers are used they should only be used by persons skilled in their use and cognizant of harm that can be done if not used properly. As more and more people seek laser treatment for hair removal and other purposes, more and more people are suffering bums, scarring and disfigurement. Ideally, lasers should be used only by those skilled in their use who are cognizant of the damage that lasers can do if they are not used properly. Ideally, they should be used only under the supervision of physicians. Unfortunately, that is not always the case….

In Texas, Emma Alvarez sued Dean Joshua Blount, R.N., and Dr. Tesoro for negligence, claiming that Blount improperly used the MeDioStar HC laser. Dr. Tesoro moved to dismiss Alvarez’s suit on the basis that Alvarez had failed to file a medical expert report and that her claim was subject to the requirements of the civil practice and remedies code.

For more, see Tesoro v. Alvarez, 2009-TX-0313.418 (3/12/2009)-TX