According to the Fort Worth Court of Appeals, a plaintiff who voluntarily dismisses their claim against a doctor, and then later re-files the claim does not get an extra 120 days to file their expert report. Town Hall Estates-Arlington Inc. v. Lucy Cannon, Fort Worth Court of Appeals, No. 02-10-00185-CV, 12-16-2010So if you filed your original claim on January 1st, your expert report must be filed by 120 days from January 1st even if you voluntarily dismissed the claim shortly thereafter and then later decided to file it again. Bottom line, beware of all of the traps in place to punish the plaintiff for even thinking about suing a doctor.
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“Texas Court Adds Another Trap to Medical Malpractice Cases”
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