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Click here for the full text of this decision FACTS: Minnie Phipps sued Drs. Franz Emit Schneider and Suresh Rajendran for medical malpractice. Phipps filed an expert report under the former Art. 4590i of the Medical Liability and Insurance Improvement Act. The doctors filed a motion to dismiss, arguing that the report was not a good faith effort to comply with the statutory definition of an expert report. The trial court denied the motion. The doctors then filed for a writ of mandamus to compel the trial court to dismiss the case. They claim mandamus is the proper remedy because review by appeal is inadequate. HOLDING: Writ denied. The doctors rely on In Re: Collom & Carney Clinic Association, 62 S.W.3d 924 (Tex.App.-Texarkana 2001, orig. proceeding), where the appeals court granted mandamus relief from a trial court’s order granting a 30-day extension for a late-filed expert report. The Texarkana court found the report deficient, and the trial court’s duty to dismiss it largely ministerial. The court declines to follow Collom. Unlike that case, there is no complaint that the report in this case is untimely. The determination of whether the plaintiffs have made a good faith effort to file a satisfactory report requires judicial discretion, rather than the exercise of a ministerial act. The court acknowledges that the legislature amended Civil Practice & Remedies Code �51.014 to provide for an interlocutory appeal if a trial court denies a motion to dismiss a health care liability claim under �74.351(b) of the same statue, when an expert’s report is untimely. The court points out that the amendment applies prospectively only, not for actions predating the Sept. 1, 2003, effective date. OPINION: Hedges, C.J.; Hedges Frost and Guzman, JJ. Frost, J., concurs.

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