CHCA Woman’s Hospital, L.P. d/b/a The Woman’s Hospital of Texas and Woman’s Hospital of Texas, Inc. v. Scott Lidji and Angela Lidji, as Next Friends of R. L., a Minor

Summary

The Supreme Court of Texas held that a claimant's nonsuit of a health care liability claim before expiration of the Texas Medical Liability Act's 120-day expert-report deadline tolls the deadline until the claim is refiled against the same defendant. The Court also held that it had conflicts jurisdiction over the interlocutory appeal and affirmed the denial of the hospital's motion to dismiss.

Holdings

1. The Supreme Court of Texas had jurisdiction because the court of appeals' decision conflicted with a prior decision of another court of appeals on a material question of law.
2. When a claimant nonsuits a health care liability claim governed by the Texas Medical Liability Act before expiration of the statutory deadline to serve an expert report and later refiles the same claim against the same defendant, the expert-report period is tolled between the date of nonsuit and the date the new lawsuit is filed.
3. The Lidjis timely served the expert report because four days remained in the 120-day period when they nonsuited the first suit, and they served the report on the day they filed the second suit, effectively serving it on day 117 of the statutory period.

Questions Presented

1. Whether the Supreme Court of Texas had jurisdiction to review the court of appeals' judgment in the interlocutory appeal.
2. Whether a claimant's nonsuit of a Texas Medical Liability Act health care liability claim before expiration of the 120-day expert-report deadline tolls the remaining expert-report period until the claim is refiled against the same defendant.
3. Whether the Lidjis timely served CHCA with the required expert report after refiling.

Disposition

affirmed