Bruce Weiner, M.d., Petitioner v. Emmanuel Wasson, Respondent

Summary

The Texas Supreme Court held that section 10.01 of the Medical Liability and Insurance Improvement Act is unconstitutional as applied to a minor because it violates the open courts provision of the Texas Constitution, and therefore the general limitations provisions §§16.001 and 16.003 apply, giving the minor two years after reaching age eighteen to file suit. The Court affirmed the Court of Appeals and remanded for further proceedings. Justice Owen dissented, arguing that the statute is constitutional when the parent is competent.