Texas Supreme Court
Jeremy Molinet v. Patrick Kimbrell, M.d. and John Horan, M.d.
January 21, 201154 Tex. Sup. Ct. J. 491
Summary
The Court held that the two-year limitations period for health care liability claims controls over the sixty-day joinder provision for designated responsible third parties, so Molinet's claims against the doctors were time-barred. It concluded that the relevant statutory provisions conflict and that the health care liability statute expressly prevails over conflicting law. Justice Lehrmann, joined by Justice Medina, dissenting, would have treated the statutes as ambiguous and allowed the joinder provision to apply.