On February 8, 2023, a court in Harris County, Texas entered an order (i) sustaining objections lodged by Eggleston & Briscoe on behalf of its client to the plaintiff’s required expert report, and (ii) dismissing all claims against the client with prejudice. The case was filed under Chapter 74 of the Texas Civil Practice and Remedies Code, also known as the Texas Medical Liability Act (“TMLA”), which requires that within 120 days after the Defendant has filed its Answer, the Plaintiff provide an expert report that establishes a fair summary of the expert’s opinions concerning the applicable standards of care, the manner in which the care rendered by the defendant healthcare provider failed to meet the standards, and the causal relationship between that failure and the alleged harm.
The Plaintiff produced its Expert Report on August 24, 2022. Eggleston & Briscoe partner Will Eggleston filed objections to the sufficiency of the report on behalf of the client and a motion to dismiss under §74.351(b) of the Texas Civil Practice and Remedies Code based on the failure to provide a sufficient expert report. After arguments by counsel from both parties, the Court ruled the report was deficient with regard to the elements of standards of care and causation, and granted the motion to dismiss with prejudice, The Court also awarded Eggleston & Briscoe’s client its reasonable attorney fees and incurred costs.