Baylor Scott and White, Hillcrest Medical Center v. Ruthen James Weems Iii
Texas Supreme Court
1Opinion of the CourtJustice Guzman
The Texas Medical Liability Act (Act) requires a claimant pursuing a "health care liability claim" to timely serve an adequate expert report. Failure to do so *361 requires dismissal with prejudice. In this case, the claimant asserts a nurse fraudulently recorded information in a patient's medical records, but the claimant did not serve anything purporting to be an expert report. We hold that dismissal of the lawsuit is required because this falsified-medical-records claim is a health care liability claim subject to the Act's expert-report requirements. We therefore reverse the court of appeals'…
2Cases cited18 opinions
- Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
- Leland v. BrandalTexas Supreme Court · 2008
- Railroad Commission v. Texas Citizens for a Safe Future & Clean WaterTexas Supreme Court · 2011
- Whitehead v. StateCourt of Criminal Appeals of Texas · 2004
- Loaisiga v. CerdaTexas Supreme Court · 2012
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- Chatara Spears v. AAA Acupuncture Center D/B/A AAA Health Center, Texas Court of Appeals, 1st District (Houston)2024
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