| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an objection of a defendant physician or health care |
|
|
provider to an expert report filed in a health care liability claim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 74.351(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) In a health care liability claim, a claimant shall, not |
|
|
later than the 120th day after the date each defendant's [the] |
|
|
original answer is [petition was] filed, serve on that [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. The date for serving the report may be extended by |
|
|
written agreement of the affected parties. Each defendant |
|
|
physician or health care provider whose conduct is implicated in a |
|
|
report must file and serve any objection to the sufficiency of the |
|
|
report not later than the later of the 21st day after the date the |
|
|
report is [it was] served or the 21st day after the date the |
|
|
defendant's answer is filed, failing which all objections are |
|
|
waived. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an action commenced on or after the effective date of this Act. |
|
|
An action commenced 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, 2013. |