Expert-Report Deadline Debated In Texas Malpractice Case

Law360, Houston (January 8, 2013, 8:41 PM EST) -- The Texas Supreme Court on Tuesday considered whether to allow an exception to a deadline by which plaintiffs in medical malpractice cases must serve expert reports when the defendants named in the suits are avoiding service.

The high court debated whether prospective medical malpractice defendant Michael Zanchi’s receipt of an expert report by certified mail before he received the lawsuit itself satisfies a state law that requires service of the report within 120 days of the suit's filing.

“Had the Legislature intended for the person or...
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