This article examines the role of expert reports in Texas health care liability claims under Chapter 74 of the Texas Civil Practice and Remedies Code. The author analyzes statutory requirements governing the content, timing, and service of expert reports and the policy objectives underlying these provisions. The article surveys Texas Supreme Court and appellate decisions addressing adequacy, good-faith effort, and opportunities to cure deficiencies. It also discusses strategic considerations for both plaintiffs and defendants when preparing, challenging, or defending expert reports. The article concludes by evaluating how expert report requirements shape early dismissal practice and influence the trajectory of medical malpractice litigation in Texas.
Peter A. Kelly (Tue,) studied this question.