Texas Supreme Court

David Joe Schepps, Petitioners v. Presbyterian Hospital of Dallas, Respondent

June 22, 198326 Tex. Sup. Ct. J. 466

Summary

The Texas Supreme Court held that the sixty‑day notice provision of the Medical Liability and Insurance Improvement Act is mandatory and, when not complied with, the plaintiff’s cause is abated for sixty days rather than dismissed. Justice Pope dissented, arguing that failure to give notice should result in dismissal of the suit.