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LEWIS v. FUNDERBURK

No. 06-0518.

253 S.W.3d 204 (2008)

Rory LEWIS, M.D., Petitioner, v. Dewayne FUNDERBURK, as Next Friend of Whitney Funderburk, Respondent.

Supreme Court of Texas.

Decided April 11, 2008.

Attorney(s) appearing for the Case

Andrew F. MacRae, Hull Hendricks & MacRae, LLP, Austin, TX, for Petitioner.

Amy C. Thomas, Law Offices of Amy Thomas, Mexia, TX, for Respondent.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON and Justice WILLETT joined.

In an effort to stem frivolous suits against health care providers, the Legislature has made a number of changes in the rules of civil litigation. Among them has been a requirement since 1995 for early expert reports,1 and a provision since 2003...

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