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Richard Hebert and Janet Hebert v. Timothy E. Hopkins, M.D., and Shannon Clinic

Texas Court of Appeals, 3rd District (Austin)

Decided March 1, 2013No. 03-11-00419-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

Richard Hebert and his wife, Janet Hebert, appeal from a district court judgment dismissing, for failure to serve the expert report required by chapter 74 of the civil practice and remedies code, a health care liability claim they asserted against Timothy Hopkins, M.D., and Shannon Clinic.1 The Heberts bring two issues, urging respectively that (1) the district court abused its discretion in concluding that they failed to serve an expert report complying with chapter 74; and (2) chapter 74’s expert-report requirement violates various constitutional protections.…

2Cases cited55 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  5. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002

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3Cited by26 opinions

  1. Gracy Woods I Nursing Home v. MahanCourt of Appeals of Texas · 2017
  2. H.K. Global Trading, Ltd. v. Susan Combs, Comptroller of Public Accounts of the State of Texas And Greg Abbott, Attorney General of the State of Texas, Texas Court of Appeals, 3rd District (Austin)2014
  3. Irene Tillman v. Memorial Hermann Hospital System D/B/A Memorial Hermann Southwest Hospital, Texas Court of Appeals, 14th District (Houston)2013
  4. Aveen B. Zachariah, D.O., and Austin Regional Clinic, P.A. v. Alfred J. Durtschi, Individually and as of the Estate of Doris A. Liesenfelt, Texas Court of Appeals, 3rd District (Austin)2022
  5. Barbara Lindsey v. Max F. Adler, M.D., P.A. F/K/A Park Cities Dermatology Center A/K/A Coppell Dermatology Max F. Adler Linda L. White And John Does, Texas Court of Appeals, 5th District (Dallas)2022

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