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WALKER v. GUTIERREZ

No. 01-0841.

111 S.W.3d 56 (2003)

Geoffrey S. WALKER, M.D., Harry F. Goss, Jr., M.D., Renal Physicians of North Texas, L.C., Mid-Cities Nephrology Association, P.A., d/b/a Irving Dialysis Center, and Mark Meiches, M.D., Petitioners, v. Bertha GUTIERREZ, a/k/a Beatrice Bargas, and Pedro Gutierrez, individually and as Representatives of the Estate of Anna Gutierrez, Deceased, Respondents.

Supreme Court of Texas.

Decided June 19, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

Diana L. Faust, lead appellate counsel, Brent R. Cooper, co-appellate counsel, Cooper & Scully, P.C., Dallas, for petitioners Geoffrey S. Walker, M.D., Harry F. Goss, Jr., Renal Physicians of North Texas, L.C., Mid-Cities Nephrology Association, P.A., d/b/a Irving Dialysis Center and Mark Meiches, M.D.

Charles G. Bell, Gwinn & Roby, Dallas, co-appellate counsel and trial counsel for petitioner Mark Meiches, M.D.

John A. Scully, lead trial counsel, Bruce W. Steckler, co-trial counsel, Cooper & Scully, Dallas, for defendants Geoffrey S. Walker, M.D., Harry F. Goss, Jr., Renal Physicians of North Texas, L.C., Mid-Cities Nephrology Association, P.A., d/b/a Irving Dialysis Center.

James W. Mills, Mills Law Firm, Charles W. McGarry, Law Office of Charles McGarry, Dallas, for respondents.

Justice JEFFERSON delivered the opinion of the Court.

In this medical malpractice case, we must decide: (1) whether the grace period contemplated by section 13.01(g) of the Medical Liability and Insurance Improvement Act, Tex.Rev.Civ. Stat. art. 4590i, applies to inadequate, but timely filed, expert reports, (2) the standard of review for a trial court's ruling on a section 13.01(g) grace period, and (3) the circumstances under which a mistake of law will negate a...

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