A Lawyer Has to Know His/Her Limitations -- the Statute of Limitations in Medical Malpractice Cases: A Constitutional Compromise
Date
1992
Authors
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.
Description
Rights
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