Legal Opinion

Spectrum Healthcare Resources, Inc. v. McDaniel

Texas Supreme Court

Decided March 12, 2010No. 07-0787PublishedCited by 41 opinions

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…

2Cases cited2 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. McDaniel v. Spectrum Healthcare Resources, Inc., Texas Court of Appeals, 4th District (San Antonio)2007

3Cited by41 opinions

  1. Crosstex Energy Services, L.P. v. Pro Plus, Inc.Texas Supreme Court · 2014
  2. Baylor Scott and White, Hillcrest Medical Center v. Ruthen James Weems IiiTexas Supreme Court · 2019
  3. CHCA Woman's Hospital, L.P. v. LidjiTexas Supreme Court · 2013
  4. Robert Passmore, III v. Baylor Health CareCourt of Appeals for the Fifth Circuit · 2016
  5. Heriberto Sedeno, P.A. v. MijaresCourt of Appeals of Texas · 2010

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