Garcia v. Gomez

of the Court,

joined by Justice HECHT, Justice WAINWRIGHT, Justice GREEN, Justice WILLETT, Justice GUZMAN, and Justice LEHRMANN.

The Texas Medical Liability Act requires that a health care liability claimant serve expert reports on each defendant physician or provider within 120 days after filing suit. Tex. Civ. Prac. & Rem.Code § 74.351(a). We have characterized this requirement as “a threshold over which a claimant must proceed to continue a [health care liability] lawsuit.” Murphy v. Russell, 167 S.W.3d 835, 838 (Tex.2005) (per curiam). If no report is timely served, the trial court must, on…