Texas Occupations Code

§ 261.104 — COUNTERCLAIM FOR FRIVOLOUS SUIT

OC § 261.104Title 3. HEALTH PROFESSIONS · Part D. DENTISTRY · Ch. 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW COMMITTEE · Art. C. CIVIL LIABILITY

Statute text

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A dental peer review committee, a person participating in peer review, or any other person named as a defendant in a civil action filed as a result of participation in peer review may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined:

(1)to be frivolous; or

(2)to have been brought in bad faith.

Legislative history

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.