A Lawyer Has to Know His/Her Limitations -- the Statute of Limitations in Medical Malpractice Cases: A Constitutional Compromise

Date

1992

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Explores the Texas Supreme Court’s 1985 interpretation of section 10.01 of article 4590i, where the Texas Legislature announced its determination to modify the tort system in order to promote effective health care but not unduly restrict a claimant’s rights. The authors discuss the statute of limitations for medical malpractice cases. The authors provide their opinions as to what should be done if Section 10.01 is declared to be unconstitutional.

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Availability

Keywords

Section 10.01, Medical malpractice, Tort reform, Texas, Statute of limitations, Tolling of statute of limitations, SOL, Equitable doctrine of latches, Reasonable time standard, Section 16.003

Citation

23 Tex. Tech L. Rev. 769