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CHCA Woman's Hospital L.P. v. Lidji

CHCA Woman's Hospital contends that the trial court erroneously denied its motion to dismiss in this health care liability suit because the appellee's non-suit did not toll the 120-day time period, and, thus, the expert report, served more than two years after the appellee first filed an original petition against it, was untimely. The claimant's non-suit, filed prior to the expiration of Texas Civil Practice and Remedies Code §74.351's 120-day time period for serving expert reports, tolls the running of the 120-day period until the claimant re-files his claims, at which point the claimant has the time remaining from the 120-day period to serve the defendant with his expert report. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-11-00879-CV, 03-22-2012.

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Opinion issued March 22, 2012

OPINION

Appellees, Scott and Angela Lidji, as next friends of their minor daughter, R.L. (“Lidji”), sued CHCA Woman’s Hospital, L.P. d/b/a The Woman’s Hospital of Texas and Woman’s Hospital of Texas, Inc. (collectively, “CHCA”) for medical malpractice arising out of complications following R.L.’s birth. Lidji nonsuited his claims with four days remaining in the 120-day time period for serving expert reports. Over two years later, Lidji re-filed suit against CHCA and simultaneously served an expert report. CHCA moved to dismiss, contending that the report was untimely pursuant to Civil Practice and Remedies Code section 74.351. The trial court denied the motion to dismiss. On interlocutory appeal, CHCA contends that the trial court erroneously denied its motion to dismiss because Lidji’s non-suit did not toll the 120-day time period, and, thus, the expert report, served more than two years after Lidji first filed an original petition against it, was untimely.

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