Fraud Claim Is Health Care Action, Requires Expert Report Under Texas Law

June 4, 2012, 4:00 AM UTC

AUSTIN, Texas—A lawsuit based on alleged falsification of medical records related to a patient’s treatment is a health care liability action that requires an expert report, a Texas appeals court said May 16 (Fort Duncan Medical Center LP v. Martin, Tex. App., 04-11-00897-CV, 5/16/12).

Reversing a trial court’s decision not to dismiss the case for failure to file an expert report, the Texas Court of Appeals for the Fourth District rendered judgment dismissing the case, and remanded it for a determination of attorneys’ fees due to the defendant.

“The preparation of medical records is an ‘administrative service’ ...

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