A Texas doctor won an appeal to avoid a medical malpractice lawsuit because filing an expert report with the district clerk doesn’t satisfy the statutory requirements under the state’s malpractice law.
The Texas Medical Liability Act states that to bring a health care liability claim, a plaintiff must comply with the expert report requirement and serve an expert report within the 120 day deadline. The law establishes that reports can be served in person, by mail, commercial delivery service, fax, and email.
The Texas Appeals Court, Fourteenth District, reversed the lower court’s denial of physician James Rinkle’s motion to dismiss ...
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