In Re Buster

Lavene Brewer filed this suit against Oak Manor Nursing Home,alleging it failed to prevent her husband from falling down a flight of stairs. Within 120 days of filing, she served an expert report as required by statute. TEX. CIV. PRAC. & REM. CODE§ 74.351(a). Oak Manor moved to dismiss on the ground that the report was signed by a nurse, while the statute requires a physicians report on causation. Id. § 74.351(r)(5)(c). Before the hearing on the motion, Brewer served a supplemental report by a physician and moved for a 30-day extension to allow the supplement to cure the deficiency. See id. § 74.351(c).