Complete Dismissal of All Claims in Case Involving Texas Medical Liability Act

Health Care Provider Under the Texas Medical Liability Act

Plaintiffs, an autistic minor and his mother, sued an Applied Behavior Analysis (ABA) therapy center for children, alleging that the Defendant negligently handled the minor child during one of his therapy sessions. Plaintiff sustained no visible injuries, nor did any of his doctor reports indicate that anything out of the ordinary happened to the child on or around the date of the alleged incident. Plaintiff sued Defendant to recover routine doctor visits.

Under the Texas Medical Liability Act, a plaintiff who asserts claims against a health care provider for actions that deviate from the appropriate standard of care must provide the defendant with an expert report within 120 days of the defendant’s answer. If the plaintiff fails to do so the court is required to dismiss the case with prejudice.

After Plaintiff’s failure to provide an expert report within the required timeline, Zandra and Elia filed a motion to dismiss pursuant to Chapter 74 of the TMLA. Shortly after being filed, Plaintiffs filed a notice of nonsuit, terminating the lawsuit. The Guardian ad Litum, who is appointed by the court to consider what is in the best interest of the child, recommended that the case should be dismissed without any award of damages.

The court, therefore, dismissed the case and awarded Plaintiffs no damages. Because the case was dismissed after a motion to dismiss under TMLA was filed, Plaintiffs cannot successfully reassert their case in the future.