Tuyuana L. Morris v. Orlando S. Muniz, M.d., Respondents. — Canady, J., Dissenting

Summary

The dissent would have approved the lower appellate court's affirmance of dismissal because the presuit medical expert did not satisfy the statutory requirement of being duly and regularly engaged in the profession when the affidavit was executed. It also concluded that the affidavit was facially suspect and that the plaintiff's obstruction of authorized discovery prevented confirmation that the expert satisfied the statutory qualifications. Justices Polston and Lawson concurred in the dissent.