The Texas Supreme Court has written so many decisions about the mandatory expert reports required in medical-malpractice claims, it is seemingly exhausted with the subject. Yet, in a recent unanimous decision, the court made clear that the 120-day clock for filing those reports stops when plaintiffs nonsuit their claim.
The decision, CHCA Woman's Hospital D/B/A The Woman's Hospital of Texas and Woman's Hospital of Texas v. Scott and Angela Lidji, issued on June 21, is an important one, because it means plaintiffs won't lose their medical-malpractice claims if, for example, they nonsuit a case while searching for a doctor to write the statutorily mandated expert report, says Gaines West, a College Station attorney who represents the plaintiffs in the case.
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