Presbyterian Healthcare Systems v. Afangideh

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

The issue in this medical malpractice case is whether the trial court abused its discretion by failing to dismiss “with prejudice” plaintiffs’ suit when plaintiffs faded to furnish defense counsel within 180 days from the date suit was filed the report of an expert or failed to file a voluntary nonsuit within the 180-day time limit. We hold the trial court did not abuse its discretion.

Plaintiffs, Dominic Afangideh, Individually and as Next Friend of Emem Afangi-deh, and Anna Afangideh, Individually, sued defendants, Presbyterian Healthcare…