In the case of In re Watkins, No. 06-0653, 2009 Tex. LEXIS 11 (January 23, 2009), the Texas Supreme Court held that if a plaintiff files a deficient expert medical report in his case-in-chief, mandamus is not available. Gary Jones filed suit against Dr. Mary Louise Watkins, alleging that she injured his eye during the course of treating a lesion on his face.  Within 120 days of filing his lawsuit, Jones filed an expert medical report.  Watkins objected to the report on the basis of deficiency.  The trial court granted Jones a 30-day extension to amend and he amended. Watkins filed an interlocutory appeal and an original proceeding in the court of appeals asserting that the trial court abused its discretion in granting the…