So far so good; the provision mandating dismissal when an expert report is not timely filed is by now also pretty widely known, and has wrought havoc in the med-mal legal niche (at least on the plaintiffs' side).
But what is a health care liability claim? How far does the definition reach? There has been much litigation over that issue, and many cases have reached the Texas Supreme Court, usually with predictible results.
But here is a new twist: What if the state sues a doctor for violating a patient's privacy by releasing or discarding protected medical records carelessly? Is that an HCLC subject to the expert report requirement - and thus dismissal - when no report is filed?
Justices of the Corpus Christi Court of Appeals just had the opportunity to weigh in on the matter.
OPINION EXCERPTS FROM HOLZMAN V. STATE OF TEXAS
This case involves two distinct issues: (1) Are the claims in this case healthcare liability claims subject to the provisions of chapter 74? (2) If so, is the State of Texas subject to the provisions of chapter 74?
SOURCE: CORPUS CHRISTI COURT OF APPEALS - 13-11-00168-CV - 1/31/2013
But that's not all.One justice dissented …