law-malpractice-medical ---> HCLC Med-Mal Litigation | law-malpractice-legal

Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2008) (requiring health care liability claimants
to serve expert reports no more than 120 days after original petition filed and defendant to file and serve
objections to sufficiency of expert report by 21st day after report served, or else objections waived); id. §
74.351(b) (providing that if sufficient expert report not timely served in accordance with subsection (a), court
shall, on the motion of affected health care liability defendant, enter order dismissing claim with prejudice
with respect to movant and awarding movant reasonable attorney’s fees and costs); id. § 74.351(l) (stating
that a court “shall grant a motion challenging the adequacy of an expert report only if it appears to the court,
after hearing, that the report does not represent an objective good faith effort to comply with the definition of
an expert report in Subsection (r)(6)”).

Woofter, M.D. v. Benitez (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Sharp)
(
HCLC, denial of defendant's motion to dismiss affirmed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Sharp  
Before Justices Jennings, Higley and Sharp   
01-09-00161-CV   Aaron Lee Woofter, M.D. Danny Chu, M.D., Johnathan Charles Daniel, M.D. and Fred
Milton Sutton, Jr. M.D. v. Molly Benitez, Individually and as Representative of the Estate and Kazi M. Islam   
Appeal from
Probate Court No 1 of Harris County
Trial Court Judge: The Honorable Kathleen S Stone

Morris, MD v. Umberson (Tex.App.-  Houston [1st Dist.] Nov. 5, 2009)(Jennings)
(
HCLC, interlocutory appeal re extension of deadline for expert report not authorized and dismissed for want
of jurisdiction) DISMISS APPEAL 9/5: Opinion by Justice Jennings (Because section 51.014(a)(9) plainly
prohibits interlocutory appeals of orders granting extensions, appeal is premature and is dismissed for lack
of jurisdiction)(attempted interlocutory appeal dismissed for lack of jurisdiction)
Before Justices Jennings, Higley and Sharp    
01-09-00644-CV  Michael Morris, M.D.'s v. Mary Umberson    
Appeal from 269th District Court of Harris County  
Trial Court Judge:
Hon. Dan Hinde   

Nicholson v. Shinn, MD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (HCLC, limitations and accrual of claim,
timeliness of notice of claim and filing of suit,
motion for continuance of summary judgment hearing for
additional discovery, adequate time for discovery)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks   
01-07-00973-CV  Litzi Nicholson v. Mary Shinn, MD   
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  



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