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A BILL TO BE ENTITLED
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AN ACT
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relating to service of expert reports in health care liability |
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claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.351, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (c) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) In a health care liability claim, a claimant shall: |
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(1) [,] not later than the 120th day after the date |
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each defendant's original answer is filed, serve on that party or |
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the party's attorney one or more expert reports, with a curriculum |
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vitae of each expert listed in the report for each physician or |
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health care provider against whom a liability claim is asserted; |
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and |
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(2) not later than the 60th day after the date the |
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claimant files an amended or supplemental pleading that asserts a |
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theory of direct liability against a defendant against whom the |
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claimant had previously asserted only a theory of vicarious |
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liability, serve on that defendant or that defendant's attorney: |
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(A) an expert report that addresses at least one |
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theory of direct liability asserted against that defendant in the |
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amended or supplemental pleading; and |
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(B) a curriculum vitae of each expert listed in |
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that expert report. |
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(a-1) The date for serving an expert [the] report under |
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Subsection (a) may be extended by written agreement of the affected |
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parties. |
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(a-2) Each defendant physician or health care provider |
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whose conduct is implicated in a report must file and serve any |
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objection to the sufficiency of the report not later than the later |
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of the 21st day after the date the report is served or the 21st day |
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after the date the defendant's answer is filed, failing which all |
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objections are waived. |
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(c) If an expert report has not been served within the |
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period specified by Subsection (a) because elements of the report |
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are found deficient, the court may grant one 30-day extension to the |
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claimant in order to cure the deficiency. If the claimant does not |
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receive notice of the court's ruling granting the extension until |
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after the applicable [120-day] deadline under Subsection (a) has |
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passed, then the 30-day extension shall run from the date the |
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plaintiff first received the notice. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |