Scott v. Weems

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The Supreme Court reversed the judgment of the court of appeals reversing the trial court's dismissal of Plaintiff's complaint with prejudice, holding that dismissal of the lawsuit was required because this falsified-medical-records claim was a health care liability claim subject to the expert-report requirements of the Texas Medical Liability Act. See Tex. Civ. Prac. & Rem. Code 74.351(a). Plaintiff sued two individuals and a hospital alleging that he was indicted for aggravated assault only because the medical record of the victim of the assault had been falsified. The hospital invoked the civil-liability limitations in Chapter 74 of the Texas Civil Practice and Remedies Code, which requires the claimant to serve an adequate expert report within 120 days after the defendant's original answer has been filed. When Plaintiff did not subsequently serve an expert report, the trial court granted the hospital's motion to dismiss. The court of appeals reversed, concluding that claims involving alteration and fabrication of medical records are not healthcare liability claims and therefore do not trigger the expert report requirement of section 74.351. The Supreme Court reversed, holding that Plaintiff's action was a health care liability claim, and Plaintiff's failure to timely serve an expert report necessitated dismissal with prejudice. View "Scott v. Weems" on Justia Law