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Pallares v. Magic Valley Electric Cooperative, Inc.

Magic Valley Electric Cooperative Inc.'s claims do not constitute health care liability claims invoking chapter 74 of the Texas Civil Practice & Remedies Code. Corpus Christi Court of Appeals, No. 13-07-559-CV

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OPINION

Before Chief Justice Valdez and Justices Garza and Benavides.

This accelerated interlocutory appeal*fn1 involves the characterization of claims for alleged fraudulent billing pertaining to medical treatment provided. Appellants, Victor A. Pallares, M.D. and Pain and Anesthesia Associates, P.L.L.C. d/b/a Headache + Pain Center (collectively “Pallares”), appeal the trial court’s denial of their motion to dismiss with prejudice for failure to file an expert report in a health care liability claim in favor of appellee, Magic Valley Electric Cooperative, Inc. (“Magic Valley”). By two issues, Pallares contends that: (1) the trial court erred in concluding that Magic Valley’s causes of action were not health care liability claims, see Tex. Civ. Prac. & Rem. Code Ann. § 74.001(a)(13) (Vernon 2005); and (2) the trial court abused its discretion in denying their motion to dismiss with prejudice because Magic Valley failed to file an expert report within the statutorily required 120 days for health care liability claims, see id. § 74.351(a)-(b) (Vernon Supp. 2007). We affirm.

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