Texas Supreme Court
Samuel Garcia Jr., M.d., Petitioner v. Maria Gomez
August 27, 201053 Tex. Sup. Ct. J. 1146
Summary
The Texas Supreme Court held that under Texas Medical Liability Act § 74.351(b) a trial court must award reasonable attorney's fees and costs when a claimant fails to serve an expert report within 120 days, provided there is some evidence the fees are reasonable and were incurred. The Court found such evidence in the record and reversed the Court of Appeals, remanding for further proceedings on the fee award. Two dissenting opinions argued that no evidence of fees incurred was presented and therefore the fee award was improper.