The Current Status of the Open Courts Provision and the Discovery Rule in Texas: In a State of Limbo After Krusen
Mateja, William B.
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Analyzes the after effects of a Texas Supreme Court decision, which invalidated a Texas medical malpractice statute of limitations as it applied to an injured party. The article analyzes the history and development of the discovery rule and open courts provision, the present interpretation of these provisions in several Texas Supreme Court cases, and reviews some unanswered questions that resulted from these decisions. The article suggests future conduct to provide more certainty for the opens courts provision and the discovery rule.