Sec. 307. Expert reports required to be served in civil actions
307 words·~1 min read·
/bill/113/hr/3165/ih/section-307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To the extent a pleading filed in a civil action seeks damages against a health care practitioner for the injury or death of an individual as the result of health care, the party filing the pleading shall, not later than 120 days after the date on which the pleading was filed, serve on each party against whom such damages are sought a qualified expert report. As used in subsection (a), a qualified expert report is a written report of a qualified health care expert that— includes a curriculum vitae for that expert; and sets forth a summary of the expert opinion of that expert as to— the standard of care applicable to that practitioner; how that practitioner failed to meet that standard of care; and the causal relationship between that failure and the injury or death of the individual.
A party not served as required by subsection
(a)may move the court to enforce that subsection. On such a motion, the court— shall dismiss, with prejudice, the pleading as it relates to that party; and shall award to that party the attorney fees reasonably incurred by that party to respond to that pleading. Except as otherwise provided in this section, a qualified expert report served under subsection
(a)may not, in that civil action— be offered by any party as evidence; be used by any party in discovery or any other pretrial proceeding; or be referred to by any party at trial. If paragraph
(1)is violated by a party other than the party who served the report, the court shall, on motion of any party or on its own motion, take such measures as the court considers appropriate, which may include the imposition of sanctions. If paragraph
(1)is violated by the party who served the report, paragraph
(1)shall no longer apply to any party.