OGLETREE v. MATTHEWS

No. 06-0502.

262 S.W.3d 316 (2007)

Jan N. OGLETREE, M.D. and Heart Hospital of Austin, Petitioners, v. Nancy Kay MATTHEWS and Luann Matthews, Respondents.

Supreme Court of Texas.

Decided November 30, 2007.


Attorney(s) appearing for the Case

Terri S. Harris, Patricia Sue Allen, Ewbank & Byrom, P.C., Richard Charles Geisler, Missy K. Atwood, Maria Cantu Hexsel, Germer Gertz Beaman & Brown, LLP, Austin, TX, for Petitioners.

Charles J. Young, Richey & Young, Austin, TX, Robert T. Hardcastle, Woodland Park, CO, for Respondents.


Chief Justice JEFFERSON delivered the opinion of the Court.

The Civil Practice and Remedies Code requires a health care liability claimant to serve expert reports on providers within 120 days after filing suit. If the claimant does not serve the report within 120 days, the trial court must grant the affected party's motion to dismiss the claim, and the failure to do so is subject to interlocutory appeal. If, however, the claimant's report is timely but deficient,...

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