LOAISIGA v. CERDA

No. 10-0928.

379 S.W.3d 248 (2012)

Raul Ernesto LOAISIGA, M.D., and Raul Ernesto Loaisiga, M.D., P.A., Petitioners, v. Guadalupe CERDA, Individually and as next friend of Marissa Cerda, a Minor, and Cindy Velez, Respondents.

Supreme Court of Texas.

Decided August 31, 2012.


Attorney(s) appearing for the Case

Michael Raphael Cowen , The Cowen Law Group, PC, Brownsville, TX, for Other interested party Sunshine Pediatrics LLP.

Carlos Escobar , Escobar Law Firm, PLLC, McAllen, TX, Gilberto Hinojosa , Gilberto Hinojosa & Associates PC, Brownsville, TX, Petitioners Loaisiga, M.D., Ernesto.

Benigno (Trey) Martinez III , Martinez Barrera & Martinez LLP, Stephanie Elaine Burnett , The Law Office of Benigno, Brownsville, TX, Brendan K. McBride , The McBride Law Firm, San Antonio, TX, for Respondents Cerda, Guadalupe.


Justice JOHNSON delivered the opinion of the Court in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice GREEN, and Justice GUZMAN joined, and in Parts I through V.A. and VI.A. of which Justice WILLETT joined.

The Texas Medical Liability Act (TMLA) requires plaintiffs asserting health care liability claims (HCLCs) to timely serve each defendant with an expert report meeting certain requirements. In this case we consider whether claims that a doctor assaulted...

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