Herrera v. Seton Northwest Hospital

OPINION

BOB PEMBERTON, Justice.

In this appeal, we must decide whether the district court was required to dismiss a medical malpractice suit based on the claimant’s failure to serve an expert report and curriculum vitae in compliance with chapter 74 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a), (b) (West 2005). Because we conclude that section 74.351(b) mandated dismissal of the claimant’s suit and divested the district court of discretion to rule otherwise, we affirm the district court’s order of dismissal. See id. § 74.351(b).

BACKGROUND

The record…