Topic: if a claimant fails to serve the report with the curriculum… · Go Syfert
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Topic #27942

4 canonical passages across 4 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Herrera v. Seton Northwest Hospital.

#Case FlagCanonical passage Citers
1 Herrera v. Seton Northwest Hospital Anchor
texapp · 2006
green “if a claimant fails to serve the report with the curriculum vitae on or before the statutory deadline, and the affected physician or health care provider files a motion to dismiss the claim under section 74.351(b), the court has no alternative but to dismiss the claim with preju…” 5
2 Spectrum Healthcare Resources, Inc. v. McDaniel
tex · 2010
green “section 74.351 threshold expert report has a unique purpose separate and apart from the procedural rules relating to discovery and typical expert reports” 3
3 Christus Spohn Health System Corp. v. Sanchez
texapp · 2009
green “the standards of care and safety contemplated by chapter 74, and directly related to its rendering of health care” 3
4 Tsai v. Wells
texapp · 1986
green “failed to preserve any error for review by not pleading the affirmative defense of chapter 74.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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