(DOWNLOAD) "Ditch v. Waynesboro Hospital" by In the Court of Appeals Fifth District of Texas at Dallas # Book PDF Kindle ePub Free
eBook details
- Title: Ditch v. Waynesboro Hospital
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 08, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1 Wanda Ditch, Administratrix of the Estate of Catherine S. Verdier, appeals from the trial courts order denying her petition to open and/or strike the judgment of non pros in favor of Waynesboro Hospital ("Waynesboro"). The trial court found Ditchs complaint raised a claim of professional negligence, not of ordinary negligence, and entered a judgment of non pros because Ditch failed to file a timely certificate of merit. Ditch contends that the complaint did not raise a professional liability claim against the hospital but instead raised an ordinary negligence claim, and hence, a certificate of merit was not needed. Ditch also contends that Waynesboro failed to properly raise the issue of the certificate of merit through preliminary objections. Alternatively, Ditch contends that she did file a timely certificate of merit as she filed an amended complaint which provided her with additional time within which to file the certificate. Finally, Ditch asks this Court to determine whether equitable exceptions to the rule requiring the filing of a certificate of merit apply in this case. After careful study, we find no merit in Ditchs contentions. Accordingly, we affirm the trial courts order.