Spectrum Healthcare Resources, Inc. v. McDaniel
Texas Supreme Court
1Opinion of the CourtJustice Green
in which Justice HECHT, Justice WAINWRIGHT, Justice JOHNSON, Justice WILLETT, and Justice GUZMAN joined.
The Texas Medical Liability Act imposes a threshold requirement in a healthcare liability lawsuit for the plaintiff to serve an expert medical report on the defendant within 120 days of filing the claim, the purpose of which is to ensure that only meritorious lawsuits proceed by verifying, at the outset, that the plaintiffs allegations are medically well-founded. Tex. Civ. Prac. & Rem.Code § 74.351(a); see Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 876-77…
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