Expert Reports

Abstract

In 1996, article 4590i of the Texas Revised Civil Statutes Annotated, the statutory provision that governs health care liability claims in Texas, was amended to require claimants to file expert reports within 180 days as part of the prosecution of their claims. Sufficient expert reports include explanations of the standard of care, the deviation from that standard, and how the deviation caused the claimant's damages. Two provisions allow courts to grant a 30-day extension for filing expert reports. A good cause extension can be used to extend the filing deadline to 210 days; however, case law has not clearly defined what constitutes good cause. An accident or mistake grace period can be used to justify reports filed >210 days after the suit has been filed; judges determine whether the failure is due to a mistake or intentional indifference. As with any statute, the language is not as important as how the courts (judges) interpret that language. The statute may appear strict but room for interpretation exists.