When a plaintiff nonsuits a medical-malpractice case, does the clock stop on the 120-day statutory time period to file an expert report? It does, according to a recent 1st Court of Appeals opinion. And, thanks to Gaines West’s argument, his clients will get their day in court after they refiled their suit against a hospital.
According to the 1st Court’s March 22 decision in CHCA Woman’s Hospital d/b/a Woman’s Hospital of Texas and Woman’s Hospital of Texas Inc. v. Lidji, et al., the allegations in the case are as follows: Scott and Angela Lidji, as next friends of their minor daughter R.L. (Lidji), sued CHCA Woman’s Hospital for medical malpractice after their daughter allegedly suffered “permanent neurological damage and severe developmental impairment” after birth.
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