Regent Care Center of Laredo, Limited Partnership d/b/a Regent Care Center Laredo and Pamela Humphrey v. Maria D. Abrego, Berta Villarreal, Beatriz Hernandez, Raul Perez, Jr., Homero Perez and David Perez, Individually and as Representatives and Legal Heirs of the Estate of Magdalena Perez, Deceased--Appeal from 49th Judicial District Court of Webb County

CONCURRING OPINION

No. 04-06-00518-CV

REGENT CARE CENTER OF LAREDO, LIMITED PARTNERSHIP

d/b/a Regent Care Center of Laredo and Pamela Humphrey ,

Appellants

v.

Maria D. ABREGO, et al. ,

Appellees

From the 49th Judicial District Court, Webb County, Texas

Trial Court No. 2005-CVQ-001818-D1

Honorable Ricardo H. Garcia , Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Concurring opinion by: Phylis J. Speedlin , Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone , Justice

Phylis J. Speedlin , Justice

Delivered and Filed: December 13, 2006

Having practiced in the medical malpractice area for seventeen years prior to taking the bench, I have closely followed the development of the law with regard to the requirement of expert reports. I also have closely followed the gamesmanship that has rapidly spawned in this area of the law. This gamesmanship is directly at odds with the ethical concept that the law's procedures should be used "only for legitimate purposes." Tex. Disciplinary R. Prof'l Conduct preamble 4.

Regent Care admits that it was served with a copy of the response to the requests for disclosure by the deadline for filing the expert report. Regent Care recognized that the response contained the expert reports required to satisfy section 74.351, and Regent Care timely filed its objections to the expert reports by the statutory deadline. Regent Care's effort to dismiss the underlying cause under these circumstances illustrates the manner in which section 74.351 is being used for unintended purposes. See American Transitional Care Centers of Tex., Inc. v. Palacios, 46 S.W.3d 873, 878 (Tex. 2001) (noting one purpose of the expert-report requirement is to deter frivolous claims).

Phylis J. Speedlin , Justice