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Gleb Moses
Gleb Moses

Sierra Cure



This is a medical malpractice case in which the trial court denied the hospital's motion to dismiss and granted the plaintiffs a thirty-day extension of time to cure deficient expert reports. At issue is whether the hospital has a right of interlocutory appeal under Chapter 74 of the Medical Liability and Insurance Improvement Act. Because an interlocutory appeal is unavailable, we dismiss the appeal for want of jurisdiction. (1)




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Following a hearing, the trial court denied Sierra's objections and its motion to dismiss. By separate order, the court found elements of the reports deficient and granted a thirty-day extension to cure deficiencies.


Tex.Civ.Prac.&Rem.Code Ann. 74.351(b). If an expert report has not been timely served because elements of the report are deficient, the court may grant one thirty-day extension to the claimant in order to cure the deficiency. Tex.Civ.Prac.&Rem.Code Ann. 74.351(c).


On November 30, 2007, the Supreme Court issued its opinion in Ogeltree and Heart Hospital of Austin v. Matthews, ---- S.W.3d ----, 2007 WL 4216606 (Tex. Nov. 30, 2007). There, the court specifically considered whether a defendant may immediately appeal when a trial court both denies a motion to dismiss and grants the plaintiff a thirty-day extension to cure expert reports that although served timely, were deficient. The plaintiffs filed suit against Dr. Ogeltree, a urologist, and Heart Hospital of Austin. They timely filed expert reports from a radiologist and three nurses. Dr. Ogeltree objected that a radiologist was incapable of offering an opinion on a urologist's standard of care and that no curriculum vitae had been appended. He also objected to the nurses' reports. The hospital did not object within the statutory time frame but filed a motion to dismiss nonetheless. It claimed precisely what Sierra claims here--that because the nurses' reports lacked a physician's opinion on causation, they were not merely deficient, but nonexistent.


Indeed, the Legislature recognized that not all initial timely served reports would satisfy each of the statutory criteria. As a result, the amendments explicitly give trial courts discretion to grant a thirty day extension so that parties may, where possible, cure deficient reports.


Here, Gomez timely served Sierra with three expert reports. Nurse Medina's report directly implicates Sierra by explaining what nursing standards were breached. Although the reports from Dr. Butterbaugh and Dr. Bradley do not specifically address causation, the trial court determined the reports were deficient rather than non-existent. See Austin Heart P.A. v. Webb, 228 S.W.3d 276, 284 (Tex.App.--Austin 2007, no pet.)(a report that is deficient because the link between the doctor's conduct and the expert's conclusions was not expressly stated constitutes some report as to the doctor, albeit an insufficient one). Because Sierra received timely reports, the trial court could properly exercise its discretion in granting a thirty-day extension to cure the deficiencies. See Tex.Civ.Prac.&Rem.Code Ann. 74.351(c); Padilla v. Loweree, ---- S.W.3d ----, 2007 WL 2456879 at *3 (Tex.App.--El Paso 2007, no pet.). Consequently, we dismiss the appeal for want of jurisdiction.


Medicinal plants and traditional medical practices from Sierra Leone in West Africa have much to offer the rest of the world. Dr. Cyrus MacFoy, an experienced researcher and scientific consultant, highlights more than two hundred plants used to cure more than one hundred diseases and illnesses in this informational guide. He provides the plant location, their botanical and local names, English common names, and the ways they are used to treat and cure ailments and diseases. He also includes


Felix Garzon, M.D., Ph.D., Actinium's Senior Vice President and Head of Clinical Development said, "All of us at Actinium are committed to the SIERRA trial and this underserved relapsed or refractory eldery AML patient population. The survival statistics for this patient population, particularly those that cannot receive a bone marrow transplant, are quite dismal. The clinical development team is fully engaged and committed to ensuring efficient execution of this important trial for a potentially life-saving therapy that can offer patients who are currently consigned to hospice a chance of a cure."


PAPAS: (Through translator) Ebola is a very dangerous and terrible disease, I've been told. I've been told there's no cure for it and because of all of the fright around it, we are even afraid of reporting ourselves to the hospital. My daughter fell sick recently and I was so frightened that I did not take her to the hospital. Whatever ailment comes our way now, they say it's Ebola. So we're all frightened.


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On Oct. 11, after two years of ineffectual interim rule and two decades of dizzying, demoralizing conflict, Liberians will go to the polls to elect a new Parliament and president. The problems facing the war-torn West African nation are legion. Liberia's physical infrastructure is gutted, its civil and political institutions eviscerated. Eighty percent of all Liberians live below the poverty line; 85 percent are unemployed, including thousands of idle former combatants with easy access to arms. Still, Liberians are enthusiastic, with voter registration close to 90 percent and thousands of expatriates returning home to participate in the democratic process. While few voters and analysts expect the October vote to effect a miracle cure, the upcoming elections can clearly serve as the first ritual step in what promises to be a long and tortured trail toward recovery. Unfortunately, next month's democratic ritual will be sterile so long as Charles Taylor remains at large. Since accepting asylum in Calabar, Nigeria, as part of an August 2003 cease-fire agreement, the former warlord turned Liberian president continues to meddle in Liberian and regional politics. Human rights groups claim that Taylor helped spark deadly riots in Monrovia in October 2004, that he orchestrated an assassination attempt on President Lansana Conté of Guinea in January 2005, and that he funds at least 36 autonomous groups across West Africa, including a small, rapid-action military force. These same groups charge that Taylor controls or influences at least nine of the 22 current Liberian presidential candidates. Taylor's former generals, allegedly on his orders, actively recruit their former soldiers to fight in insurrections in the Ivory Coast and Guinea, further destabilizing an already volatile region. "He is like a vampire," said Jacques Klein, a former United Nations special envoy to Liberia. "Until you drive a stake in his heart, he won't die." There is no war crimes tribunal in Liberia, where Taylor would undoubtedly be indicted for excesses and abuses committed against his countrymen. But there is one in neighboring Sierra Leone. In June, 2003, one year after its creation, the Special Court for Sierra Leone issued an indictment for Taylor on 17 counts of war crimes and crimes against humanity. Taylor was cited as having "the greatest responsibility" for having helped found, fund, and arm Sierra Leone's Revolutionary United Front - a ghastly assembly of rebels, mercenaries and child soldiers who distinguished themselves during Sierra Leone's 10-year civil war through wanton sexual violence, murder and amputations. He is the court's most visible defendant; the trial is meaningless without him. Thus far, President Olusegun Obasanjo of Nigeria has refused to surrender Taylor to the Sierra Leone tribunal, despite a volley of resolutions and appeals from the U.S. Congress, the European Parliament, human rights groups and regional leaders. Obasanjo cites his obligation to respect the terms of the accord that brought Taylor to Nigeria, and denies the charges levied against his undistinguished guest - charges, that if verified, would constitute a clear violation of the terms of his asylum. If anything, the Nigerian president's resolve is hardening. Last week, at the airport in Abuja, operatives of Nigeria's State Security Service arrested two printers for possessing posters with the words "Wanted: Charles Taylor." The printers, under contract with the Coalition Against Impunity - a broad alliance of nongovernmental organizations across the globe dedicated to Taylor's extradition - were held incommunicado for three days. Their posters were confiscated, and their workshop shut down. Like free and fair elections, justice is often more significant as ritual than remedy. No punishment meted out by the special court, however harsh, could redeem the many lives lost or ruined in Liberia and Sierra Leone. Yet placing Taylor on trial in Freetown, in the custody of the court, would at least blunt his influence. Even more, the spectacle of Taylor having to acknowledge and answer for his crimes would help regenerate a faith in justice, a faith as necessary to a democratic society as its faith in the ballot box. So long as Charles Taylor remains beyond the reach of justice, the Liberian elections can be neither free nor fair. They can only be farce. About the Author: Ken Shulman was a media fellow at Harvard University's John F. Kennedy School of Government in 2003-2004. More Information on International JusticeMore Information on Charles Taylor More Information on the Rogues GalleryMore Information on the Special Court for Sierra Leone Areas of WorkCorporate InfluenceGlobal Policy WatchGlobalizationSocial and Economic PolicyNGOsUN FinanceInternational JusticeUN ReformSpecial TopicsWorld Food & HungerThe Dark Side of Natural ResourcesGlobal TaxesHumanitarian Intervention?Private Military and Security CompaniesArchived SectionsIraq ConflictEmpireNGO Working Group on UN-NGO RelationsSecurity CouncilNations & StatesMore from GPF FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. Global Policy Forum distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C 107. 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