Dr. I.P. Dailey is a urologist in Big Falls East (BFE), Texas. On October 7, 2012, Dr. Dailey performed a surgical procedure on his patient, P. Moore Freely. Dr. Dailey has medical staff privileges at the U. Rhine Memorial Hospital (URMH) and performed the surgery at that facility. Mr. Freely was admitted to URMH the day before the surgery and was discharged the day following the surgery.

Mr. Freely developed post-surgical complications, including an infection (which appeared to be caused by an unsterile surgical instrument supplied by URMH). He subsequently required several corrective surgeries (performed by a physician other than Dr. Dailey) and spent a total of 6 weeks in the hospital related to the post-surgical complications from his original surgery.

In December, 2013, Mr. Freely decided to hire an attorney to explore whether he might have a viable malpractice case.Attorney Howe takes Mr. Freely's case and begins to research the potential tort causes of action he may have. The first order of business undertaken by Attorney Howe is to retain an expert witness. He hires Dr. Stan Topee, a leading urologist from Fargo, North Dakota to review the case and serve as a testifying expert. Following receipt of a written report from Dr. Topee that supports his case, Attorney Howe plans to file a complaint in the county Court of Common Pleas in BFE, Texas.

Please discuss whether Attorney Howe, on Mr. Freely's behalf, might have viable tort claim against Dr. Dailey, and discuss whether the Court should accept expert testimony from Dr. Topee, since his practice is based so far away from Texas.