The Current Status of the Open Courts Provision and the Discovery Rule in Texas: In a State of Limbo After Krusen

Date

1985

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

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.

Description

Keywords

Medical malpractice law, Texas, Discovery rule, Open courts provision, Statute of limitations

Citation

16 Tex. Tech L. Rev. 765