In re LCS SP, LLC (Opinion)
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The Supreme Court conditionally granted a petition for a writ of mandamus and directed the court of appeals to vacate its order granting relief and to instruct the trial court to vacate the order it issued in compliance with the court of appeals' directive, holding that a facility's general policies and procedures fall outside the scope of pre-report discovery permitted in medical-liability cases.
Kenneth Smith, on behalf of his wife, Donna Smith, brought this action alleging that Donna fell multiple times while in the care of a nursing facility owned by LCS SP, LLC. Before Smith served LCS with an expert report he requested LCS's general operating policies and procedures for the five years before he brought suit. When LCS objected, Smith moved to compel the discovery. The trial court denied the motion, delaying the discovery until after Smith served LCS with the expert report required by Tex. Civ. Prac. & Rem. Code 74.351(s). Smith petitioned for mandamus relief, which the court of appeals conditionally granted. LCS then petitioned the Supreme Court for mandamus relief. The Supreme Court conditionally granted relief, holding that the trial court acted within its discretion when it declined to compel the requested discovery.
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