Tray Simmons v. Dr. Shahidul Islam et al.

A patient brought a health care liability action against his psychiatrist and the psychiatrist’s employer, alleging the psychiatrist engaged in improper sexualized conduct that caused him psychological injury.  The patient secured an expert witness in support of his suit, but the expert withdrew following the expert’s deposition.  The patient obtained a new expert witness.  However, relying on the cancellation rule, the trial court determined a conflict existed between the second expert’s affidavit and deposition testimony relating to the issue of damages.  The trial court granted summary judgment to the defendants and also granted the defendants’ request for an award of discretionary costs.  The patient appeals.  We affirm.