Congratulations to Dana Levy, who won an important medical malpractice case in the Texas Supreme Court! Dana successfully overturned a court of appeals holding that would have required a party to produce an expert report simply for purposes of seeking discovery from a nonparty physician. The Texas Supreme Court held in In re Turner that the expert-report requirement to proceed with a health-care-liability claim does not apply to a non-party doctor’s deposition when the doctor is a fact witness with knowledge relevant to claims against the defendant Hospital, even if the doctor may also face the possibility of becoming a defendant. You can read the opinion here. You can also see Dana’s briefing and argument that led to this fantastic result here and here, respectively.
