McClure v. Landis

POWERS, Justice.

Rhonda Cramer McClure appeals from a judgment dismissing with prejudice her medical-malpractice action against her physician, Henry Landis, and Interim Physicians, Inc. We will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

In an original petition filed October 20, 1995, McClure sued Landis in an action governed by the Medical Liability and Insurance Improvement Act. 1 See Tex.Rev.Civ. Stat. Ann. art. 4590i, §§ 1.01-16.02 (West Supp. 1997) (the Act). Under the Act, she was obliged to furnish Landis an “expert report” within 180 days of filing suit…