Texas High Court Says Nursing Home Policies Outside Suit’s Pre-Report Discovery

Mealey's (March 9, 2022, 11:44 AM EST) -- AUSTIN, Texas — A trial court’s order refusing to compel production of a nursing home’s policies and procedures before the plaintiff provided his expert report in a health care liability case against the nursing home was not an abuse of discretion because the nursing home’s policies are “outside the narrow scope of pre-report discovery” allowed in medical liability cases and the appellate court erred in requiring the trial court to “compel production,” the Texas Supreme Court held Feb. 25, conditionally granting the nursing home’s writ of mandamus petition....