Texas Justices Toss Retaliation Claim Over Expert Report

Law360, New York (June 28, 2013, 4:06 PM EDT) -- The Texas Supreme Court on Friday dismissed a retaliation claim against a nursing home accused of negligently treating a former patient and causing her to suffer a second stroke, saying the patient's family failed to file a sufficient expert report under state law.

The Texas Medical Liability Act requires supporting expert reports for so-called health care liability claims, and an appeals court said an allegation that a former Trinity Care Center patient was discharged from the center in retaliation for her family's complaints wasn't such a...
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