Home Medical Malpractice Texas Justices Nix Early Discovery In Medical Malpractice Suit

Texas Justices Nix Early Discovery In Medical Malpractice Suit

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By Michelle Casady (February 28, 2022, 4:08 PM EST) — The general policies and procedures of health care facilities don’t fall within the narrow scope of discovery allowed in medical liability cases before an expert report is filed, the Texas Supreme Court held Friday in reversing a lower court ruling.

The court, siding with skilled nursing facility LCS SP LLC, which does business as Signature Pointe Senior Living Community, overturned a Dallas Court of Appeals ruling that required Signature Pointe to turn over five years’ worth of policies and procedures during a period called “pre-report” discovery in a case brought by a former patient.

In an opinion written by Justice Jane…

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