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HB 1403 would amend the Civil Practice and Remedies Code to specify that the term "health care liability claim," as defined in statutory provisions governing medical liability, does not include certain causes of action under the Texas Workers' Compensation Act against an employer by an employee or the employee's surviving spouse or heir to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment or to recover exemplary damages for death caused by an intentional act or omission of the employer or by the employer's gross negligence.
The bill would also require that a health care liability claim include
within the claimant's expert report at least one theory of direct
liability asserted against each physician or health care provider
against whom a theory of direct liability is asserted.
Note: This bill is similar to SB 1531.