Texas Medical Liability Act Archives - Medical Malpractice Lawyers

Texas Supreme Court Rules Experts’ Reports Sufficient In Claim Against Residential Care Facility

January 31, 2024

Texas Medical Liability Act The Texas Medical Liability Act requires healthcare liability claimants to timely serve a defendant healthcare provider with an adequate expert report. TEX. CIV. PRAC. & REM. CODE § 74.351(a), (l). An expert report is adequate if it “represent[s] an objective good [...]

Texas Supreme Court Finds Expert’s Report Sufficient In Reviving Birth Injury Medical Malpractice Case

October 3, 2022

Court Finds Expert’s Report Sufficient In Reviving Birth Injury Case: The Supreme Court of Texas stated in its opinion dated May 6, 2022 in a Texas medical malpractice birth injury case: “The Texas Medical Liability Act requires health-care-liability claimants to timely serve each defend[...]

Texas Appellate Court Holds Failure To File Proper Medical Authorization Wipes Out Medical Malpractice Verdict

August 5, 2022

Court Holds Failure To File Proper Authorization Wipes Out Malpractice Verdict: In its Memorandum Opinion filed on March 17, 2022, the Court of Appeals Ninth District of Texas at Beaumont (“Texas Appellate Court”) held in a Texas medical malpractice case: “We conclude Hampton’s a[...]

Texas Supreme Court Rules Nursing Home’s Policies And Procedures Not Discoverable Before Plaintiff’s Expert Report Is Due

May 6, 2022

The Supreme Court of Texas (“Texas Supreme Court”) stated in its opinion filed on February 25, 2022: “we examine the scope of discovery that the Texas Medical Liability Act permits before the plaintiff serves the expert report that the Act requires. The trial court declined to comp[...]

Texas Appellate Court Rules Medical Malpractice Plaintiff’s Expert’s Report Was Sufficient

January 18, 2022

The Texas Medical Liability Act (TMLA) requires a claimant to serve an expert report early in the proceedings on each party against whom a health care liability claim is asserted. TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a) (West Supp. 2021). The Texas Supreme Court has explained that “elici[...]

Texas Appellate Court Rules Nurse’s Claim He Was Subjected To Offensive Conduct While Under Anesthesia Is Medical Malpractice Claim

October 20, 2021

The Court of Appeals Sixth Appellate District of Texas at Texarkana (“Texas Appellate Court”) held in its Memorandum Opinion filed on September 3, 2021 that the plaintiff nurse employee of the defendant hospital, who sued for intentional infliction of emotional distress for placing him i[...]

Texas Supreme Court Holds Mental Health Section 1983 Claim Subject To Texas Medical Liability Act’s Expert Report Requirement

May 4, 2021

The Supreme Court of the State of Texas (“Texas Supreme Court”) stated in its opinion delivered on April 16, 2021: “The questions before us are (1) whether claims asserted against a state mental health facility and its employees arising from the death of a patient, pleaded as claim[...]

Texas Supreme Court Orders Nonparty Doctor To Provide Discovery In Medical Malpractice Case

January 18, 2020

In its opinion dated December 20, 2019, the Supreme Court of Texas (“Texas Supreme Court”) stated: “The Texas Medical Liability Act limits discovery in a health care liability claim until the claimant serves an expert report in accordance with the Act on the physician or provider a[...]

Texas Appellate Court Holds Claim By Ambulance Passenger For Injuries After Driver Fell Asleep And Crashed Was Not Medical Malpractice Claim

October 9, 2019

The Texas Eleventh Court of Appeals (“Texas Appellate Court”) held in its opinion filed on September 12, 2019 that the claim of the mother of a minor child who was accompanying her child in an ambulance and was injured when the driver fell asleep, the ambulance left the roadway, and the [...]

Texas Appellate Court Finds Plaintiff’s Expert’s Report Sufficient In Dental Malpractice Case

April 14, 2019

The State of Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its opinion filed on April 2, 2019: “Because [the plaintiff’s] expert report provided a fair summary of the expert’s opinions regarding the applicable standards of care, a statement identifying[...]

Tag: Texas Medical Liability Act