Texas Supreme Court
Mark T. Murphy, M.d., Petitioner v. Johnette Russell, Respondent
July 1, 200548 Tex. Sup. Ct. J. 943
Summary
The Texas Supreme Court reversed the Court of Appeals and dismissed Russell's suit, holding that her battery and DTPA claims are health care liability claims subject to the expert‑report requirement of former article 4590i. Because she failed to file the required expert report within the statutory period, the suit could not proceed.