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Salinas v. Dimas

There is nothing in the applicable rules or statutes prohibiting a health care liability claimant from serving an expert medical report on a defendant prior to that defendant having answered the lawsuit. Corpus Christi Court of Appeals, No. 13-09-00558-CV, 03-18-2010

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OPINION

Before Justices Rodriguez, Garza, and Benavides.

Appellant, Mariano Salinas, M.D., challenges the trial court’s denial of his motion to dismiss the health care liability claims of appellees, Francisco Dimas and Norma Benitez Dimas, as next friends of Nemesio Dimas, a minor child. By a single issue, Dr. Salinas argues that the trial court should have granted his motion to dismiss because an expert report under chapter 74 of the Texas Civil Practice and Remedies Code cannot be served on a defendant prior to that defendant having answered the lawsuit. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon Supp. 2009). We affirm.

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