In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth --------------------------------------------

No. 02-18-00027-CV

--------------------------------------------

On Appeal from the 141st District Court

Tarrant County, Texas

Trial Court No. 141-297189-18

Before Sudderth, C.J.; Gabriel and Pittman, JJ.

Opinion by Chief Justice Sudderth

MISTY JACKSON, INDIVIDUALLY AND ON BEHALF OF 

THE ESTATE OF ROGER J. YOUNG, DECEASED; AND 

ROGER JACKSON, Appellants

v.

KINDRED HOSPITALS LIMITED PARTNERSHIP D/B/A 

KINDRED HOSPITAL FORT WORTH, Appellee
2

OPINION

I. Introduction

This appeal arises out of an order sustaining Appellee Kindred Hospitals Limited 

Partnership d/b/a Kindred Hospital Fort Worth’s (Kindred) objection to Appellants 

Misty Jackson’s, Individually and on Behalf of the Estate of Roger J. Young, Deceased, 

and Roger Jackson’s section 74.351 expert report. Tex. Civ. Prac. & Rem. Code Ann. 

§ 74.351(a) (West 2017). Because we conclude that the trial court abused its discretion 

by sustaining Kindred’s objection, we reverse and remand.

II. Background

Roger J. Young, Roger Jackson’s father and Misty Jackson’s father-in-law, was 

79 years old when he was admitted to Kindred—a long-term care facility—in January 

2015. Young stayed at Kindred for a few months before being transferred to Plaza 

Hospital for critical care. Young died six days later on April 16, 2015.

The Jacksons assert that while Young was at Kindred, he received insufficient

monitoring from Kindred’s nursing and medical staff and that Kindred’s staff failed to 

adequately treat and report changes in his medical condition, which caused his death. 

Specifically, the Jacksons contend that during Young’s stay at Kindred, he developed 

several pressure ulcers and abscesses on his scrotum and lower back1 that the Jacksons

contend caused him to develop sepsis, septic shock, and metabolic encephalopathy.

 1

Kindred concedes that “[d]espite the nursing staff’s treatment and care, 

Mr. Young developed pressure ulcers and sepsis during his admission period[.]”
3

The Jacksons filed a healthcare liability claim (HCLC) against Kindred and 

Dr. Muhammad Naveed Siddiqi—Young’s treating physician—and timely served both

with separate expert reports from Dr. Manuel Eskildsen. See id. §§ 74.001(a)(13), .351(a) 

(West 2017). Kindred and Dr. Siddiqi filed objections to the expert reports. After 

granting Kindred’s objections and allowing the Jacksons to cure the deficiencies, see id. 

§ 74.351(c), the Jacksons served amended expert reports. Kindred again filed 

objections, and the trial court sustained Kindred’s objections and dismissed Kindred 

from the lawsuit; but the trial court ordered that the Jacksons’ lawsuit against Dr. Siddiqi 

could proceed.

Dr. Siddiqi then filed a motion for leave to designate Kindred as a responsible 

third party. The Jacksons filed a response and motion to reconsider the order 

dismissing Kindred. After the trial court denied the Jacksons’ motion to reconsider and 

granted Dr. Siddiqi’s motion, the trial court granted the Jacksons’ motion to sever and 

rendered final judgment in favor of Kindred. This appeal followed.

On appeal, the Jacksons raise two issues: First, that the trial court abused its 

discretion by sustaining Kindred’s objection to Dr. Eskildsen’s expert report, and 

second, that the trial court abused its discretion by denying their motion to reconsider.

III. Applicable Law

A. Section 74.351 Expert Reports

A plaintiff asserting an HCLC must serve each defendant physician or healthcare 

provider with one or more expert reports and a curriculum vitae of each expert whose 
4

opinion is offered to substantiate the merits of the HCLC. See id. § 74.351(a), (i); TTHR 

Ltd. P’ship v. Moreno, 401 S.W.3d 41, 42 (Tex. 2013). The statute requires that such a 

report must provide: (1) “a fair summary of the expert’s opinions . . . regarding 

applicable standards of care,” (2) a statement identifying “the manner in which the care 

rendered by the physician or [healthcare] provider failed to meet the standards,” and 

(3) an explanation of “the causal relationship between that failure and the injury, harm, 

or damages claimed.” Tex. Civ. Prac. & Rem. Code Ann. § 74.351(r)(6); see TTHR Ltd. 

P’ship, 401 S.W.3d at 44. The purpose of the report is to “inform the defendant of the 

specific conduct the plaintiff has called into question,” and to “provide a basis for the 

trial court to conclude that the claims have merit.” Am. Transitional Care Ctrs. of Tex., 

Inc. v. Palacios, 46 S.W.3d 873, 879 (Tex. 2001). Thus, the expert report “need not 

marshal every bit of the plaintiff’s evidence,” Jernigan v. Langley, 195 S.W.3d 91, 93 (Tex.

2006), but it must “explain, to a reasonable degree, how and why the breach caused the 

injury based on the facts presented.” Jelinek v. Casas, 328 S.W.3d 526, 539–40 (Tex.

2010).

When a defendant timely files a motion to dismiss challenging the adequacy of 

an expert report, the trial court may take one of three actions. If the court concludes 

that the report is adequate, it may deny the motion. See, e.g., Hillery v. Kyle, 371 S.W.3d 

482, 489, 492 (Tex. App.—Houston [1st Dist.] 2012, no pet.). If the trial court 

concludes that the report does not constitute an objective, good-faith effort to comply 

with the statute, it must grant the motion. See Tex. Civ. Prac. & Rem. Code Ann.
5

§ 74.351(l ); Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 51–52 (Tex. 2002); see also Jernigan,

195 S.W.3d at 94. Finally, if the court concludes that the report is an objective, goodfaith effort to comply with the statute but is nevertheless deficient in some way, it may 

grant the plaintiff one 30-day extension to cure the deficiency. See Tex. Civ. Prac. & 

Rem. Code Ann. § 74.351(c); Scoresby v. Santillan, 346 S.W.3d 546, 557 (Tex. 2011).

A report qualifies as an objective, good-faith effort to comply if it (1) informs 

the defendant of the specific conduct the plaintiff questions, and (2) provides a basis 

for the trial court to conclude that the plaintiff’s claims have merit. Loaisiga v. Cerda,

379 S.W.3d 248, 260 (Tex. 2012). The Supreme Court of Texas has held that a trial 

court may look only to the “four corners” of the expert report to determine whether it 

constitutes an objective, good-faith effort to comply. Wright, 79 S.W.3d at 52; Palacios,

46 S.W.3d at 878.

B. Standard of Review

We review a trial court’s ruling on a motion to dismiss pursuant to section 74.351 

for an abuse of discretion. Palacios, 46 S.W.3d at 878; See Tenet Hosps., Ltd. v. Garcia, 462 

S.W.3d 299, 304 (Tex. App.—El Paso 2015, no pet.) (“The trial court makes the 

decision whether the report is sufficient. Our role, whether the trial court has approved 

or rejected the report, is to determine if the trial court abused its discretion.”). A trial 

court abuses its discretion if it acts in an arbitrary or unreasonable manner without 

reference to any guiding rules or principles. Walker v. Gutierrez, 111 S.W.3d 56, 62 (Tex. 

2003). In reviewing the adequacy of an expert report, we bear in mind that “[t]he 
6

Legislature’s goal was to deter baseless claims, not to block earnest ones.” Gonzalez v. 

Padilla, 485 S.W.3d 236, 242 (Tex. App.—El Paso 2016, no pet.) (quoting Certified EMS, 

Inc. v. Potts, 392 S.W.3d 625, 631 (Tex. 2013)).

IV. Analysis

A. In Assessing an Expert Report’s Sufficiency, Courts May Not Look 

Beyond the Expert Report’s “Four Corners”

We first address the Jacksons’ contention that Kindred violates the “four corners

rule” by picking and choosing excerpts from Dr. Eskildsen’s reports and juxtaposing

them in an effort to demonstrate the report addressing Kindred’s actions (the Kindred 

Report) is inadequate. The gravamen of Kindred’s response is that the predicate factual 

statements in Dr. Eskildsen’s report addressing Dr. Siddiqi’s actions (the Siddiqi 

Report) as compared to the factual statements in the Kindred Report “seemingly 

concede[] the [Kindred] nursing staff did, in fact, do what they were supposed to do.” 

Kindred argues that while “[s]tanding alone,” the factual statements in the Kindred 

Report “might be sufficient,” “Dr. Eskildsen’s own report as to Dr. Siddiqi, as well as 

underlying facts, indicate otherwise.”

But in an HCLC expert-report challenge, a trial court’s job is to be a gatekeeper—

not to determine the truth or falsity of an expert’s opinion. See Mettauer v. Noble, 326 

S.W.3d 685, 691 (Tex. App.—Houston [1st Dist.] 2010, no pet.). Therefore, even if 

Kindred were correct that the factual statements in the Kindred Report contradicted or 
7

conflicted with the factual statements in the Siddiqi Report,

2 resolving such conflicts 

would require the trial court to go beyond the four corners of the Kindred Report and 

compare it against the Siddiqi Report in order to determine the truth or falsity of the 

Jacksons’ factual statements, which are not for the trial court to adjudicate in a section 

74.351 expert-report determination. See Gonzalez, 485 S.W.3d at 245 (“There is nothing 

in the statute suggesting that we may consider an expert’s credibility or the data he used 

at this stage of the litigation.”); Christus Health Se. Tex. v. Broussard, 306 S.W.3d 934, 939 

(Tex. App.—Beaumont 2010, no pet.) (affirming trial court’s order denying medical 

providers’ motion to dismiss following plaintiff’s section 74.351 expert report even 

though the factual statements in report were possibly inconsistent with the statements 

in the plaintiff’s pleading because “the trial court could not look beyond the four 

corners of the report at this stage to determine whether the facts asserted in the pleading 

and the report were false”); Collini v. Pustejovsky, 280 S.W.3d 456, 462 n.4 (Tex. App.—

Fort Worth 2009, no pet.) (declining the invitation to go beyond four corners of expert’s 

 2

We disagree with this assessment in any event. A fair reading of the Kindred 

Report reveals allegations that Kindred’s staff provided some notes identifying some

problems with Young’s skin infection that were sufficient to alert Dr. Siddiqi to follow 

up with his own examination, diagnosis, and treatment plan. Indeed, Dr. Eskildsen 

relied upon some of Kindred’s notes in compiling the Kindred Report. But the Kindred 

Report also alleges that Kindred’s staff was deficient by failing to document the extent

and increasing severity of Young’s skin infection, failing to properly examine Young, 

failing to try different treatments when one treatment plan did not lead to improvement, 

failing to properly monitor Young after noting his skin infection, failing to notify the 

attending physician of Young’s worsening condition and abnormal lab results, and 

failing to follow up with the attending physician after noting the onset of Young’s skin 

infection.
8

report and instead “constrain[ing] our review of the report’s adequacy at this 

preliminary stage in the proceedings to the specific information and allegations 

contained within it”); Tenet Hosps., Ltd. v. Boada, 304 S.W.3d 528, 542 (Tex. App.—

El Paso 2009, pet. denied) (“Whether an expert’s opinions are correct is an issue for 

summary judgment, not a motion to dismiss under Chapter 74.”).

Because the trial court could only look to the four corners of the Kindred Report, 

it was impermissible for the trial court to compare a separate expert report related to a 

different healthcare provider to negate the factual assertions in the Kindred Report.

3

 

Wright, 79 S.W.3d at 52; Palacios, 46 S.W.3d at 878. Accordingly, we hold that to the 

extent the trial court sustained Kindred’s objection by looking beyond the four corners 

of the Kindred Report and acting as a factfinder, the trial court abused its discretion.

 3

We recognize that when a plaintiff sues multiple defendants for an HCLC, as in 

this case, the plaintiff may need to file multiple expert reports, in which case courts may 

read the reports together for certain purposes. See Abilene Reg’l Med. Ctr. v. Allen, 387 

S.W.3d 914, 918 (Tex. App.—Eastland 2012, pets. denied) (“[A] plaintiff may serve 

multiple reports by separate experts regarding different defendants, different claims, 

and different issues, as long as the reports, read together, provide a fair summary of the 

standard of care, breach, and causation.”). We understand this to mean a trial court 

may “stack” a plaintiff’s expert reports in order to determine if the plaintiff has provided 

the defendants with fair notice of the allegations of duty, breach, and causation, but not 

that a trial court may juxtapose factual statements in two separate expert reports in 

order to make factual determinations. See Gonzalez, 485 S.W.3d at 245 (“Appellants’ 

points on apparent conflicts between the medical records and the assumptions [the 

expert] makes are well-taken. But ‘[w]hether an expert’s opinions are correct is an issue 

for summary judgment, not a motion to dismiss under Chapter 74.’” (quoting Tenet 

Hosps., Ltd., 304 S.W.3d at 542)). That is to say, multiple section 74.351 expert reports 

can be combined to satisfy all of the report requirements as to one healthcare provider. 

But nothing in the statute or case law authorizes the trial court to pit one report as to 

one healthcare provider against another report as to a different healthcare provider.
9

B. The Expert Report Satisfies the Statutory Requirements

Having held that the trial court could not act as a factfinder by comparing the 

two reports, we still must examine the four corners of the Kindred Report to determine 

if it “include[d] opinions on the three statutory elements—standard of care, breach, and 

causation.” Walgreen Co. v. Hieger, 243 S.W.3d 183, 188 (Tex. App.—Houston [14th 

Dist.] 2007, pet. denied).

1. Standards of Care and Breaches

The Kindred Report is not required to provide Kindred with “litigation-ready 

evidence,” Certified EMS, 392 S.W.3d at 631, or to “meet the same requirements as the 

evidence offered in a summary-judgment proceeding,” Palacios, 46 S.W.3d at 879. To 

satisfy the notice requirements for Kindred’s standards of care and alleged breaches 

thereof, the report must only fairly “set out what care was expected, but not given.” Id.

at 880.

Dr. Eskildsen opines in the Kindred Report that Kindred’s general standard of 

care “requires that the medical facility provide that level of care and treatment that a 

reasonable, prudent, similar facility would provide under the same or similar 

circumstances based on the known medical needs of the resident at issue.” See Birchfield 

v. Texarkana Mem’l Hosp., 747 S.W.2d 361, 366 (Tex. 1987) (holding the standard of care 

for a hospital is what an ordinarily prudent hospital would do under the same or similar 

circumstances). Dr. Eskildsen then provided nine more specific standards of care

regarding Young’s skin infection:
10

• that Kindred assess his skin and any related rashes or breakdown properly. 

Properly documented skin assessment would allow the staff to assay any 

improvement in his affected areas of skin;

• that Kindred assess Young’s condition and continue to change his treatment on 

ongoing bases until signs of healing occurred;

• that Kindred clearly document its monitoring, assessing, and treating of Young’s 

infection in the medical record;

• that Kindred evaluate and closely monitor Young’s skin for any signs and 

symptoms of infection and implement interventions to address risks of further 

infection;

• that Kindred develop plans of care documenting the implemented interventions 

designed to minimize any infection;

• that the facility properly treat any infections that Young had upon admission or 

developed during his residency at the facility by following all physician orders 

and evaluating the outcome of those orders;

• that the facility treat any infection with the appropriate antibiotics as ordered by 

the physician, monitor the infection to determine if the treatment plan was 

successfully treating the infection, obtain laboratory testing of the infection to 

determine the effectiveness of the treatments, and continually monitor Young 

until all laboratory testing confirmed that the infection was fully treated;

• that the staff monitor Young’s vital signs during each shift until all of his 

infection symptoms had resolved and the antibiotic treatment plan was 

completed; and

• that the facility perform continuing assessments of Young, including an 

evaluation by a physician to establish a baseline, clearly document in the medical 

record a specific diagnosis of the infection, develop and document a treatment 

and care plan to address the infection, document a list of medications prescribed 

to treat the infection, develop a plan to reassess the condition with a specific 

timetable, and document any additional treatment notes or requirements needed 

to address the specific condition.
11

The Kindred Report identified two ways that Kindred breached the standard of 

care and then provided numerous specific examples under each heading. Dr. Eskildsen 

also broadly stated the two identified breaches:

Kindred failed to ensure Mr. Young received the necessary medical care 

and treatment to maintain his skin integrity and failed to ensure that the 

signs and symptoms of infection and abscess exhibited by Mr. Young were 

assessed by his physician[; and]

. . . . 

. . . Kindred failed to timely and properly treat Mr. Young’s infection prior 

to the infection progressing to him going into septic shock and developing 

endocarditis.

Under the first alleged breach, Dr. Eskildsen further elaborated that

• Kindred did not write new orders after Young developed an abrasion and 

drainage on his penis;

• Young had a scrotal excoriation and abscess, which Kindred left uncovered and 

untreated; and

• Kindred did not order antibiotics to treat Young’s urinary tract infection.

Regarding the second alleged breach, Dr. Eskildsen asserted more specifically 

that

there continued to be no attempt by Kindred’s nurses and clinical staff to 

address [Young’s] scrotal abscess. Kindred’s nurses did not make any 

documentation or any attempts to notify the attending physician that

Mr. Young needed skin and scrotal assessment and at the very least, 

further orders and diagnostic testing to rule out his abscess as the causative 

factor causing his change of condition and infection.
12

In its appellate brief, Kindred acknowledges that “[s]tanding alone” 

Dr. Eskildsen’s identified breaches of the standards of care “might be sufficient,” but 

that “Dr. Eskildsen’s own report [as] to Dr. Siddiqi, as well as underlying facts, indicate 

otherwise.” If indeed the Kindred Report is sufficient “[s]tanding alone,” then it is 

sufficient pursuant to section 74.351.4

 As explained above, it is an abuse of discretion 

for a trial court or a reviewing court to act as a factfinder and look beyond the four 

corners of the expert report. See Gonzalez, 485 S.W.3d at 244 (rejecting defendant’s 

invitation to look “beyond the four corners of the report and consider extrinsic

evidence, or at the very least the actual records [the expert] relied on, to determine if 

his opinion is worthy of credence”).

Kindred also asserts that the Kindred Report does not provide standards of care 

related to Young’s specific injuries because Dr. Eskildsen does not provide a standard 

of care for wound care “despite his criticisms [that] the staff failed to properly cover 

the scrotal wound, which Dr. Eskildsen opines led to infection.” The Jacksons argue 

that such a level of specificity is not required by section 74.351.

We agree with Kindred’s observation that the standard for wound care recited 

by Dr. Eskildsen is not extremely detailed. For example, Dr. Eskildsen generally states 

that Kindred was required to “properly treat” any infections that Young had upon 

 4

The very premise of Kindred’s argument requires that we look beyond the four 

corners of the Kindred Report itself; thus, on its face Kindred’s argument invites us to 

misapply the applicable standard.
13

admission or that may have developed during his stay at Kindred. Likewise, 

Dr. Eskildsen alleges that Kindred was required to administer “appropriate” antibiotics 

as ordered by the physician, “monitor the infection,” and “determine if the treatment 

plan was successfully treating the infection.” However, “[a] ‘fair summary’ of the 

standard of care is ‘something less than a full statement of the applicable standard of 

care and how it was breached.’” Fagadau v. Wenkstern, 311 S.W.3d 132, 138 (Tex. App.—

Dallas 2010, no pet.) (quoting Palacios, 46 S.W.3d at 880); see also Certified EMS, 392 

S.W.3d at 630 (“A report need not cover every alleged liability theory to make the 

defendant aware of the conduct that is at issue.”). Though lacking in painstaking details, 

the Kindred Report has sufficiently notified Kindred of the applicable standard of care 

and the conduct at issue—Kindred failed to assess Young’s condition, administer 

appropriate antibiotics, monitor the infection, determine if its treatment plan was 

succeeding and alter it if necessary, and properly document and notify the attending 

physician of changes in Young’s condition that would require additional diagnostic 

testing and orders. As to identifying the standard of care and the conduct at issue, the 

Kindred Report need not do more.

Therefore, we hold that the Kindred Report satisfied the requirement that it 

identify the applicable standards of care and conduct for which they seek to hold 

Kindred liable. See Gonzalez, 485 S.W.3d at 250 (affirming denial of motion to dismiss 

HCLC because “this case involves the treatment of infection and wounds, which are 

subjects common to all areas of medicine, and it involves an alleged complete failure to 
14

coordinate a treatment plan between doctors,” “the level of technical detail needed 

to . . . determine if a case is frivolous is less than that needed to determine if a suit 

involving a highly complex procedure like a surgery is frivolous”).

Regarding breach, the Kindred Report avers that Kindred failed to write new 

orders, failed to order antibiotics, failed to attempt to notify the attending physician that 

Young needed a skin and scrotal assessment, and failed to make further orders and 

diagnostic testing when Young’s condition had worsened. We hold that this provided 

Kindred with a fair summary of how Kindred breached the standards of care. See 

Gonzalez, 485 S.W.3d at 252 (affirming denial of HCLC motion to dismiss for duty and 

breach elements of wound-care case when expert alleged that defendant doctor failed 

to create and enforce an adequate follow-up plan); Trisun Healthcare, LLC v. Lopez, 

No. 13-13-00238-CV, 2014 WL 3050350, at *3 (Tex. App.—Corpus Christi July 3, 

2014, no pet.) (mem. op.) (affirming trial court’s denial of HCLC motion to dismiss 

when expert report stated that medical facility “fail[ed] to immediately notify the 

deceased’s physician of the deterioration of the wound on his hand and fail[ed] to 

recognize and treat the deteriorating wound on the deceased’s hand [which] caused the 

infection to progress and worsen”).

2. Causation

“To satisfy the required element of causation under chapter 74, an expert report 

must include a fair summary of the expert’s opinion regarding the causal relationship 

between the breach of the standard of care and the injury, harm, or damages claimed.” 
15

Whisenant v. Arnett, 339 S.W.3d 920, 923 (Tex. App.—Dallas 2011, no pet.). To provide

fair notice of causation, “[a]n expert is required to link his or her conclusions to the 

facts, but no ‘magical words’ are required.” SCC Partners, Inc v. Ince, 496 S.W.3d 111, 

118 (Tex. App.—Fort Worth 2016, pet. dism’d).

The Kindred Report asserted that

[a]s a direct result of Kindred’s breaches of the above standards of care, 

Mr. Young developed an infection prior to his myocardial infarction on 

April 10, 2015. Specifically, the nurses’ failure to properly treat his 

abscessed wound, which did not heal, thus allowing a mode of 

transmission for the bacteria to proliferate and spread the infection in 

Mr. Young’s body. His endocarditis was caused by sepsis. The onset of 

sepsis occurs only after an infection. Between January 29, 2015 and April 

10, 2015, Mr. Young developed a serious infection that showed symptoms 

of infection by delivering pus from his scrotum which had created an 

abscess. This is further confirmed by blood cultures that confirmed 

Mr. Young had Enterococcus faecalis bacteria, which are found in wound 

infections and is a cause of endocarditis.

Had Kindred properly monitored and assessed Mr. Young during 

this period of time, clinical findings would have indicated signs and 

symptoms of an ongoing infection process. Specifically, had the nurses 

informed Mr. Young’s attending physician of the changes to his condition, 

and his abnormal lab results in a timely manner, this would have provided 

a window of opportunity in which assessment and treatment could have, 

and based on reasonable medical probability would have, been 

implemented before sepsis developed. Thus, had Kindred properly 

evaluated, assessed, and monitored Mr. Young from January 29, 2015 

through April 10, 2015, Mr. Young would have received treatment for his 

infection. Unfortunately, these opportunities were missed due to 

Kindred’s failure to ensure he was timely assessed and treated. As a direct 

result of not identifying and receiving timely treatment for his infection, 

Mr. Young developed bacterial endocarditis as a result of infection in his 

blood (sepsis), had an acute myocardial infarction and cardiogenic shock 

resulting in his untimely death on April 16, 2015.
16

Similar to Kindred’s assertions regarding the standard of care and breach, its 

assertions concerning causation center on Kindred’s belief that Dr. Eskildsen’s 

statements are “contradicted by the facts and Dr. Eskildsen’s own report” as to 

Dr. Siddiqi. And just as we explained in those instances, it is not proper for the trial 

court or a reviewing court to act as a factfinder by going outside of the four corners of 

the expert report.

The allegations within the four corners of the Kindred Report provided fair 

notice to Kindred of the Jacksons’ allegations that Kindred’s staff’s failure to assess, 

monitor, and treat Young’s infection and failure to notify the attending physician of 

Young’s changed condition and abnormal lab results, caused sepsis, leading to

endocarditis, an acute myocardial infarction and cardiogenic shock, and Young’s death. 

Accordingly, we hold that the Kindred Report satisfied section 74.351’s requirement of 

providing Kindred with fair notice of its specific breaches of the applicable standards 

of care and how those breaches were linked to Young’s injuries and death. Allen, 387 

S.W.3d at 923 (rejecting appellants’ contention that the expert’s “opinion on causation 

is insufficient because it conflicts with matters contained in other expert reports and 

the facts in the case” because “[t]he inquiry at the report stage focuses on whether the 

information within the four corners of the report meets the good faith requirement of 

the statute” and “[i]f the facts do not support a plaintiff’s claim, summary judgment 

procedures provide a remedy”).
17

Thus, in limiting our review to the allegations in the four corners of the Kindred 

Report, we hold that the report satisfied the fair-notice requirements of section 74.351 

and that the trial court abused its discretion by sustaining Kindred’s objection. We 

sustain the Jacksons’ first issue.5

V. Conclusion 

Having held that the trial court abused its discretion by sustaining Kindred’s 

objections to the Jacksons’ expert report and dismissing their claims, we reverse the 

trial court’s judgment and remand for further consistent proceedings. See Tex. R. App. 

P. 43.2(d), 43.3.

/s/ Bonnie Sudderth

Bonnie Sudderth

Chief Justice

Delivered: November 1, 2018

 5

Because we sustain the Jacksons’ first issue, we need not address their second 

issue concerning their motion to reconsider. See Tex. R. App. P. 47.1.