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STOCKTON v. OFFENBACH

No. 09-0446.

336 S.W.3d 610 (2011)

Debbie STOCKTON, as Parent and Next Friend of William Stockton, a Minor, Petitioner, v. Howard A. OFFENBACH, M.D., Respondent.

Supreme Court of Texas.

Decided February 25, 2011.

Rehearing Denied May 27, 2011.

Attorney(s) appearing for the Case

Robert J. Talaska , Timothy Lyle Culberson , Talaska Law Firm, P.L.L.C., Houston, for Debbie Stockton.

Michael Alan Yanof , Stan Thiebaud , Stinnett Thiebaud & Remington, L.L.P., Dallas, for Howard A. Offenbach, M.D.

Peter M. Kelly , Kelly Durham & Pittard LLP, Houston, for Amicus Curiae Texas Trial Lawyers Association.

Justice MEDINA delivered the opinion of the Court.

Texas Civil Practice and Remedies Code section 74.351 requires that an expert report be served on each physician or health care provider against whom a health care liability claim is asserted. TEX. CIV. PRAC. & REM.CODE § 74.351(a). The statute further directs the trial court to dismiss the health care liability claim if this report is not served within 120 days of the suit's filing. Id. § 74...

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