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SCORESBY v. SANTILLAN

No. 09-0497.

346 S.W.3d 546 (2011)

Tyler SCORESBY, M.D., Petitioner, v. Catarino SANTILLAN, Individually and As Next Friend of Samuel Santillan, A Minor, Respondent.

Supreme Court of Texas.

Decided July 1, 2011.

Rehearing Denied September 30, 2011.

Attorney(s) appearing for the Case

Eric Rene Reyes , Jason C.N. Smith , Art Brender , Fort Worth, for Catarino Santillan.

Michael Alan Yanof , Philipa Remington , Dallas, for Tyler Scoresby, M.D.

Randy J. Hall , David Leon Pratt II , Fort Worth, for Yadranko Ducic, M.D.

Justice HECHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice MEDINA, Justice GREEN, Justice WILLETT, Justice GUZMAN, and Justice LEHRMANN joined.

The Medical Liability Act1 entitles a defendant to dismissal of a health care liability claim if, within 120 days of the date suit was filed, he is not served with an expert report showing that the claim against him has merit.2 The trial...

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