Whitworth v. Blumenthal

OPINION

Justice O’NEILL.

Opinion by

This is an appeal from the dismissal of a medical malpractice claim for failure to timely file an expert report pursuant to section 13.01 of the Medical Liability and Insurance Improvement Act. See Tex.Rev. Crv. Stat. Ann. art. 4590i, § 13.01 (Vernon Supp.2001). We must decide whether the trial court abused its discretion in concluding the report appellants Debbie and Gary Whitworth filed was not a good faith effort to meet the Act’s definition of an expert report. We also address whether the Whitworths were entitled to additional time to provide an expert…