Bill Text: TX SB1521 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the determination of expert reports in a health care liability claim for the purposes of certain laws governing those claims.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [SB1521 Detail]
Download: Texas-2015-SB1521-Introduced.html
| By: Estes | S.B. No. 1521 | |
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| relating to the determination of expert reports in a health care | ||
| liability claim for the purposes of certain laws governing those | ||
| claims. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 74.001(a)(13), Civil Practice and | ||
| Remedies Code, is amended to read as follows: | ||
| (13) "Health care liability claim" means a cause of | ||
| action against a health care provider or physician for treatment, | ||
| lack of treatment, or other claimed departure from accepted | ||
| standards of medical care, or health care, or safety or | ||
| professional or administrative services directly related to health | ||
| care, which proximately results in injury to or death of a claimant, | ||
| whether the claimant's claim or cause of action sounds in tort or | ||
| contract. The term does not include a cause of action described by | ||
| Section 406.033(a) or 408.001(b), Labor Code, against an employer | ||
| by an employee or the employee's surviving spouse or heir. | ||
| SECTION 2. Section 74.351(a), Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| (a) In a health care liability claim, a claimant | ||
| shall, not later than the 120th day after the date each defendant's | ||
| original answer if filed, serve on that party or the party's | ||
| attorney one or more expert reports, with a curriculum vitae of each | ||
| expert listed in the report for each physician or health care | ||
| provider against whom a liability claim is asserted. The report | ||
| shall address at least one theory of direct liability asserted | ||
| against each physician or health care provider if a direct theory of | ||
| liability is asserted. The date for serving the report may be | ||
| extended by written agreement of the affected parties. Each | ||
| defendant physician or health care provider whose conduct is | ||
| implicated in a report must file and serve any objection to the | ||
| sufficiency of the report not later than the later of the 21st day | ||
| after the date the report is served or the 21st day after the date | ||
| the defendant's answer is filed, failing which all objections are | ||
| waived. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. A cause of action that accrues before the effective date | ||
| of this Act is governed by the law applicable to the cause of action | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
