Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The relator, Denton Watumull, M.D., seeks a writ of mandamus ordering the trial court to dismiss the health care liability claims filed against him by the real party in interest, Valerie Bryan, because: 1. she failed to comply with an order requiring her to file a $7,500 cost bond, entered pursuant to �13.01(b) of the Medical Liability Insurance Improvement Act; and 2. failed to timely file an expert report pursuant to �13.01(d). HOLDING:Conditionally granted. Assuming a claimant fails to file an expert report in compliance with �13.01(a) (i.e. within 90 days of filing the claim), that section’s alternative requirements of a cost bond or cash deposit are separate and independent of any requirements to file an expert report under �13.01(d) (i.e. within 180 days of filing the claim). Further, the extension of time authorized under �13.01(g) applies to expert reports required under �13.01(d), not cost bonds, cash deposits, or expert reports required by subsection (a). The real party in interest, Valerie Bryan, missed �13.01(a)’s mandatory 90 day deadline to file a $5,000 cost bond or cash deposit, or in the alternative, an expert report. The trial court, in response to Watumull’s motion and as mandated by �13.01(b), ordered Bryan to file a $7,500 bond by the twenty-first day after his order (i.e. by March 28) and including the ultimatum regarding dismissal as required by �13.01(b)(2). Because Bryan failed to comply with the trial court’s order, mandated by the statute, and did not file the required $7,500 cost bond, the court concludes the trial court had no discretion but to dismiss her claim, subject to reinstatement in accordance with the applicable rules of civil procedure and subsection (c) of that section. The court concludes Watumull does not have an adequate remedy at law. OPINION:Moseley, J.; Wright, Moseley and Richter, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.