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 a plaintiff’s expert report satisfies the Medical Liability Act if it contains an opinion by an expert indicating the claim has merit and that any curable deficiencies warrant a 30‑day extension, making the trial court’s denial of dismissal unappealable. The Court also held that the appellate court lacked jurisdiction to review that denial. Justice JOHNSON dissented, arguing that the report was not an expert report because the expert lacked the statutory qualifications, and Justice WILLETT concurred, emphasizing the distinction between a deficient report and a document that is not a report at all.