Texas House Bill HB3186

Texas 2019 - 86th Regular

Caption

Relating to service of expert reports in health care liability claims.

Impact

The implications of HB3186 are significant as it aims to streamline legal processes related to health care liability claims. By establishing clear timelines for the submission of expert reports, the bill seeks to reduce delays and promote efficiency in the adjudication of health care liability issues. The provisions which allow for the extension of deadlines by mutual agreement and the requirement for any objections to be filed within 21 days aim to clarify procedures and ensure that parties cannot unduly delay proceedings without consequence. This is expected to enhance the judicial process, making it more predictable for claimants and defendants alike.

Summary

House Bill 3186 addresses the service of expert reports in health care liability claims, proposing amendments to existing Texas laws regarding how and when such reports should be submitted in legal proceedings. Specifically, the bill updates Section 74.351 of the Civil Practice and Remedies Code by establishing stricter deadlines for claimants concerning the submission of expert reports, which include the requirement for the claimant to serve one or more expert reports and their respective curricula vitae within specified timeframes. The key deadlines are set to 120 days after the defendant's original answer and 60 days following any amendments or supplemental pleadings that change liability theories.

Contention

One of the notable points of contention surrounding HB3186 may arise from its stringent requirements on the timeliness and sufficiency of expert reports. Critics might argue that these measures could disadvantage certain plaintiffs, particularly those who may face difficulties in securing expert testimony within the limited timeframes imposed. Additionally, the stipulation that failing to file objections in a timely manner waives any rights to challenge the sufficiency of the expert report could lead to disputes and inequities in the legal process. Thus, while the bill aims to create efficiency, it could unintentionally impose barriers for legitimate claims.