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

Summary

The Texas Supreme Court held that the sixty‑day notice provision of the Medical Liability and Insurance Improvement Act is mandatory and that failure to give such notice results in a 60‑day abatement of the cause, not dismissal. The Court affirmed the appellate reversal of the trial court’s take‑nothing judgment and remanded for implementation of the abatement remedy, while a dissent argued for dismissal of the suit.