| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to depositions of witnesses in a health care liability |
|
|
claim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 74.351(s) and (u), Civil Practice and |
|
|
Remedies Code, are amended to read as follows: |
|
|
(s) Until a claimant has served the expert report and |
|
|
curriculum vitae as required by Subsection (a), all discovery in a |
|
|
health care liability claim is stayed except for the acquisition by |
|
|
the claimant of information, including medical or hospital records |
|
|
or other documents or tangible things, related to the patient's |
|
|
health care through: |
|
|
(1) written discovery as defined in Rule 192.7, Texas |
|
|
Rules of Civil Procedure; |
|
|
(2) depositions on written questions under Rule 200, |
|
|
Texas Rules of Civil Procedure; and |
|
|
(3) discovery [from nonparties] under Rules 199 and |
|
|
[Rule] 205, Texas Rules of Civil Procedure. |
|
|
(u) Notwithstanding any other provision of this section, |
|
|
after a claim is filed all claimants, collectively, may take not |
|
|
more than two depositions of any person or party before the expert |
|
|
report is served as required by Subsection (a). |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cause of action filed on or after the effective date of this |
|
|
Act. A cause of action that is filed before the effective date of |
|
|
this Act is governed by the law in effect immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |