Tyler Scoresby, M.d., Petitioner v. Catarino Santillan

Summary

The Texas Supreme Court affirmed the Court of Appeals' dismissal of the petition for review, holding that the trial court's order granting a thirty‑day extension to cure deficiencies in the expert report and denying the physicians' motions to dismiss was not immediately appealable. The Court defined an expert report as a document containing a statement of opinion by an individual with expertise indicating the plaintiff's claim has merit, and held that such a report, even if deficient, may be cured within the statutory extension period. The Court rejected the argument that a report lacking substantive content fails to qualify as an expert report. Justice Johnson dissented, arguing that the expert must be qualified in the specific area of care and that the extension should not be available in this case.