This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2645

79R10850 DAK-D                                                                                       By: Nixon (Wentworth)

                                                                                                                                       State Affairs

                                                                                                                                              5/7/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Since the passage of H.B. 4, 78th Legislature, Regular Session, 2003, there has been some confusion regarding the timing of when an expert report is due on a medical malpractice case.  Some have argued that the report is due 120 days from the date of the statutory notice letter, instead of 120 days from the date of the filing of the original petition.  It was the intent of H.B. 4 that the report be triggered by the filing of the lawsuit.

 

H.B. 2645 clarifies the timing of when an expert report is due on a medical malpractice case.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 74.351(a), Civil Practice and Remedies Code, by requiring, in a health care liability claim, a claimant, not later than the 120th day after the date the original petition, rather than claim, was filed, to serve on each party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician or health care provider against whom a liability claim is asserted.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2005.