Kendrick V. Garcia

This appeal involves some of the recent changes made to the expert report requirements for health care liability claims. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (Vernon 2005). Appellee, Maria Garcia, as Administratrix of the Estate of Edward A. Martinez, filed a medical malpractice claim against appellants, Dr. Bradley T. Kendrick (Dr. Kendrick) and Hendrick Medical Center (HMC), on January 21, 2004. Since the claim was filed after September 1, 2003, the provisions of Section 74.351 apply to appellee's lawsuit. Section 74.351(a) requires a claimant in a health care liability claim to "serve on each party or the party's attorney one or more expert reports" not later than the 120th day after the date the claim is filed. (Emphasis added) Appellants filed motions on May 25, 2004, and June 4, 2004, seeking the dismissal of appellee's claims on the basis that she had not served them with expert reports within 120 days of filing suit as required by Section 74.351(a). See Section 74.351(b). Appellants challenge the trial court's denial of their motions to dismiss in this interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(9) (Vernon Supp. 2004 - 2005). We reverse and render an order of dismissal.