Samlowski v. Wooten

in which Chief Justice JEFFERSON and Justice HECHT joined.

Texas Civil Practice and Remedies Code section 74.351 requires that a trial court *407dismiss a health care liability claim unless the claimant serves an expert report within 120 days after filing suit. Tex. Civ. Prac. & Rem.Code § 74.351(b). This dismissal requirement is subject to the trial court’s discretion to grant one thirty-day extension for the claimant to cure a timely served but deficient report. Id. § 74.351(c). The trial court in this health care liability case determined that claimant’s timely served report was deficient and…