What Is the Strict 120-Day Expert Report Deadline in Texas Medical Malpractice Lawsuits? (CPRC § 74.351)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code § 74.351(a), in a Health Care Liability Claim, the claimant SHALL—not later than the 120th day after the date each defendant's original answer is filed—serve on that party or the party's attorney one or more written expert reports, with a curriculum vitae of each expert listed in the report, for each physician or health care provider against whom a liability claim is asserted.
Critical Texas Procedural Trap to Watch Out For
Missing the 120-day deadline by even ONE DAY is fatal: under § 74.351(b), the trial court has zero discretion and MUST enter an order (1) dismissing the claim with prejudice, AND (2) awarding the defendant physician or hospital its reasonable attorney's fees and costs of court to be paid by the plaintiff!
Recommended Action Plan for Texas Claimants
Have your board-certified medical expert's report and CV fully drafted and vetted BEFORE you even file the Original Petition, so you can serve the § 74.351 report the week the defendant files its Original Answer.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code § 74.351(a)–(c) and controlling Texas appellate precedent in Hebner v. Reddy, 498 S.W.3d 37 (Tex. 2016); Certified EMS, Inc. v. Potts, 392 S.W.3d 625 (Tex. 2013), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code § 74.351(a)–(c) and how Texas courts apply Hebner v. Reddy, 498 S.W.3d 37 (Tex. 2016); Certified EMS, Inc. v. Potts, 392 S.W.3d 625 (Tex. 2013) in your county's appellate district.
- Beware of the Texas Procedural Trap: Missing the 120-day deadline by even ONE DAY is fatal: under § 74.351(b), the trial court has zero discretion and MUST enter an order (1) dismissing the claim with prejudice, AND (2) awarding the defendant physician or hospital its reasonable attorney's fees and costs of court to be paid by the plaintiff!
- Execute the Texas Action Plan: Have your board-certified medical expert's report and CV fully drafted and vetted BEFORE you even file the Original Petition, so you can serve the § 74.351 report the week the defendant files its Original Answer.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the Strict 120-Day Expert Report Deadline in Texas Medical Malpractice Lawsuits? (CPRC § 74.351)
Under Texas Civil Practice and Remedies Code § 74.351(a), in a Health Care Liability Claim, the claimant SHALL—not later than the 120th day after the date each defendant's original answer is filed—serve on that party or the party's attorney one or more written expert reports, with a curriculum vitae of each expert listed in the report, for each physician or health care provider against whom a liability claim is asserted. Key Texas Trap to Avoid: Missing the 120-day deadline by even ONE DAY is fatal: under § 74.351(b), the trial court has zero discretion and MUST enter an order (1) dismissing the claim with prejudice, AND (2) awarding the defendant physician or hospital its reasonable attorney's fees and costs of court to be paid by the plaintiff!
What Texas statute and Supreme Court / appellate precedent control 120-day chapter 74 expert report deadline?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code § 74.351(a)–(c) and the legal standards articulated in Hebner v. Reddy, 498 S.W.3d 37 (Tex. 2016); Certified EMS, Inc. v. Potts, 392 S.W.3d 625 (Tex. 2013). Recommended step: Have your board-certified medical expert's report and CV fully drafted and vetted BEFORE you even file the Original Petition, so you can serve the § 74.351 report the week the defendant files its Original Answer.
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