Texas Supreme Court interprets expert report statute to preclude pre-suit deposition of Tyler physician until plaintiff serves Chapter 74 expert report - In re JordenIn re Jorden
The Texas Supreme Court agreed with Dr. Jorden's arguments that the expert report statute bars a medical malpractice plaintiff from taking pre-suit depositions (otherwise authorized by rule 202 of the Texas Rules of Civil Procedure) until it serves the defendant with a compliant expert report. The expert report statute stays "all discovery" before an expert report is served, except for written discovery, depositions on written questions, and discovery from non-parties. Oral depositions are not among these exceptions; therefore, the plaintiff could not take a pre-suit oral deposition of Dr. Jorden.
Counsel: R. Brent Cooper and Diana L. Faust