Justia Animal / Dog Law Opinion Summaries

A service dog attacked a young child in a restaurant, leading the child's parents to sue several parties, including a medical doctor who had written letters for the dog's owner, stating that her service animals helped with her anxiety disorder. The parents did not dispute the doctor's diagnosis but argued that he was negligent for not verifying whether the dog was appropriately trained as a service animal, which they claimed led to their daughter's injuries.The trial court denied the doctor's motion to dismiss, which argued that the claims were health care liability claims (HCLCs) requiring an expert report. The Court of Appeals affirmed, stating that the claims did not concern the doctor's medical diagnosis or treatment and thus did not constitute HCLCs.The Supreme Court of Texas reviewed the case and concluded that the claims against the doctor were not HCLCs. The court held that the doctor's failure to verify the dog's training did not involve a departure from accepted standards of medical care. Therefore, an expert report was not required. The court affirmed the lower courts' decisions and remanded the case for further proceedings. View "Leibman v. Waldroup" on Justia Law