Ransom v. Eaton (Opinion)Annotate this Case
Jeanne Ransom sued dentist Jeanine Eaton, alleging that Eaton extracted two teeth in addition to the nine agreed on in a treatment plan. Ransom served Eaton with the required pre-suit notice and included an export report, but Ransom never re-served the expert report after filing suit. After the passage of 120 days, Eaton moved to dismiss Ransom’s suit on the grounds that Ransom failed to serve her with an expert report within the 120-day deadline set forth in the Texas Medical Liability Act (TMLA). The trial court granted the motion to dismiss. The court of appeals affirmed. While Ransom’s petition for review was pending, the Supreme Court decided Hebner v. Reddy. The Supreme Court reversed in the instant case, holding (1) the holding in Hebner compelled the conclusion that Ransom satisfied the TMLA’s expert-report service requirement when she served Eaton with a report concurrent with pre-suit notice; and (2) Eaton waived any objection to the sufficiency of Ransom’s expert report by failing to raise any objection within twenty-one days after filing her original answer.