Texas 2009 - 81st Regular

Texas House Bill HB4249 Compare Versions

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Old	New	Differences
1	1	81R27404 TJS-F
2	2	By: Leibowitz H.B. No. 4249
3	3	Substitute the following for H.B. No. 4249:
4	4	By: Hartnett C.S.H.B. No. 4249
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to expert reports in a health care liability claim.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 74.351, Civil Practice and Remedies
12	12	Code, is amended by amending Subsections (a) and (k) and adding
13	13	Subsections (d) and (s-1) to read as follows:
14	14	(a) In a health care liability claim, a claimant shall, not
15	15	later than the 120th day after the date each defendant's [the]
16	16	original answer is [petition was] filed, serve on that [each] party
17	17	or the party's attorney one or more expert reports, with a
18	18	curriculum vitae of each expert listed in the report for each
19	19	physician or health care provider against whom a liability claim is
20	20	asserted. The date for serving the report may be extended by
21	21	written agreement of the affected parties. Each defendant
22	22	physician or health care provider whose conduct is implicated in a
23	23	report must file and serve any objection to the sufficiency of the
24	24	report not later than the later of the 21st day after the date the
25	25	report is [it was] served or the 21st day after the defendant's
26	26	answer is filed, failing which all objections are waived.
27	27	(d) An objection to the sufficiency of an expert report must
28	28	clearly state the specific elements of the report that are alleged
29	29	to be deficient. An objection that is conclusory or that fails to
30	30	state the specific elements of the report that are alleged to be
31	31	deficient shall be overruled and any deficiency in the report is
32	32	considered waived.
33	33	(k) Subject to Subsection (t), an expert report served under
34	34	this section:
35	35	(1) is not admissible in evidence by any party;
36	36	(2) shall not be used in a deposition, trial, or other
37	37	proceeding; [and]
38	38	(3) shall not be referred to by any party during the
39	39	course of the action for any purpose; and
40	40	(4) does not limit a party to allegations or opinions
41	41	expressed in the report.
42	42	(s-1) Notwithstanding Subsection (s), a claimant may
43	43	proceed with discovery if:
44	44	(1) the citation has been served on the defendant but
45	45	the defendant has not answered in a timely manner; or
46	46	(2) the claimant has made a reasonable effort to serve
47	47	the expert report on the defendant in the manner provided by Rule
48	48	106(a), Texas Rules of Civil Procedure, but service has failed.
49	49	SECTION 2. The change in law made by this Act applies to a
50	50	cause of action that accrues on or after the effective date of this
51	51	Act. A cause of action that accrues before the effective date of
52	52	this Act is governed by the law as it existed before that date, and
53	53	that law is continued in effect for that purpose.
54	54	SECTION 3. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2009.