Six years after its passage, a key part of the H.B. 4 omnibus tort reform law still sparks battles between plaintiffs and defense lawyers. The constant legal fight over the provision — intended to make medical-malpractice litigation more efficient — has become so costly for parties that it’s time for lawyers on both sides to sit down and agree on suggestions for changing the law, some attorneys say.
For proof of the continuing struggle over the most litigated statute in Texas med-mal law, look no further than the Texas Supreme Court’s May 15 opinion in Crites v. Collins, et al. — the high court’s 28th opinion in just four years regarding Texas Civil Practice & Remedies Code §74.351. The law requires med-mal plaintiffs to serve expert reports on defendants that detail the alleged malpractice within 120 days of filing suit. Failure to do so can result in a trial court dismissing a suit with prejudice.
