| |
| |
|
|
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, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsection (a) to read as follows: |
|
|
(a) In a health care liability claim, a claimant shall, not |
|
|
later than the 120th day after [the date the original petition] each |
|
|
respective defendant's answer was filed, serve on [each] that party |
|
|
or [the] that 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] on or before the 21st day following the defendant's |
|
|
answer or, the 21st day after the date [it] the report was served, |
|
|
whichever is later, 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. |