In Lake Jackson Med. Spa, Ltd. v. Gaytan, No.
20-0802, 65 Tex. Sup. Ct. J. 512, 2022 Tex. LEXIS 197 (Feb. 25,
2022), the Texas Supreme Court clarified a plaintiff's expert
report obligations, under Chapter 74 of the Texas Civil Practice
and Remedies Code, in relation to an amended petition.
Under the Texas Medical Liability Act, a claimant who asserts a
healthcare liability claim against a physician or a healthcare
provider must serve on each defendant one or more expert reports
describing the expert's opinions addressing: (1) the
applicable standards of care; (2) how the defendant's conduct
failed to meet those standards; and (3) how those failures caused
claimant's injury, harm, or
damages. See Tex. Civ. Prac. & Rem. Code
§ 74.351(a),(r)(6). If a claimant fails to serve the report
within 120 days after the defendant files an original answer, the
trial court must dismiss the claim with prejudice and award the
defendant attorneys' fees and
costs. Id. § 74.351(b).
